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HomeMy WebLinkAbout03/13/2006 "I ,.' / 1 6:30 p.m. Pre-Meeting ~\ t='{]~~ CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING March 13.2006 7:00 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF February 27.2006 PROCLAMATIONS AND CEREMONIES Oath of Office for newly appointed Board and Commission Members (brief recess for signing oaths) CITIZENS' RIGHT TO SPEAK - 1 Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 Minutes and sign the Public Comment Roster, 2 Citizens who wish to speak on Agenda Items. please sign the GENERAL AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the Item is called to be heard APPROVAL OF AGENDA Item 1 CONSENT AGENDA: A RESOLUTION 11-2006 - AMENDING THE FISCAL YEAR 2006 BUDGET TO REFLECT THE APPOVAL OF A SUPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $29,000 FOR CHANNEL 8 EQUIPMENT MAINTENANCE AND REPLACEMENT B Approve RFB-05-42 on-call storm sewer cleaning & repair service renewal option not to exceed $50,000 C Award RFB-06-07, 2006 Traffic Signal Equipment Replacement Project at a total cost of $68,806 CITY COUNCIL AGENDA. March 13.2006 Page -2- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2, Item 3 Item 4 COUNCIL BILL 04-2006 - AN ORDINANCE PROVIDING FOR A REQUEST FOR REZONING FROM RESTRICTED COMMERCIAL (R-C) TO PLANNED COMMERCIAL DEVELOPMENT (PC D) FOR PROPERTY LOCATED AT 6690 W 44TH AVENUE (Case No WZ-05-14) (Kasay Abraham) COUNCIL BILL 05-2006 - AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO REFERENCES TO THE STREETSCAPE AND ARCHITECTURAL DESIGN MANUAL, RESOLUTION 09-2006 - APPROVING THE SERVICE PLAN FOR LONGS PEAK METROPOLITAN DISTRICT ORDINANCES ON FIRST READING Item 5 Item 6 COUNCIL BILL 07-2006 - AN ORDINANCE AMENDING SECTION 26- 109 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING PUBLIC HEARING NOTICE AND PROCEDURES COUNCIL BILL 08-2006 - AN ORDINANCE AMENDING SECTION 26- 707 A 1 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO NONCONFORMING SIGNS - DECISIONS. RESOLUTIONS. AND MOTIONS Item 7 RESOLUTION 10-2006 - FIRST AMENDMENT TO PRESIDING MUNICIPAL JUDGE SERVICES AGREEMENT CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT m~~ CITY OF WHEAT RIDGE, COLORADO February 27. 2006 Mayor DiTullio called the Regular City Council Meeting to order at 7 01 P m Councllmembers present: Karen Adams, Karen Berry, Dean Gokey, Lena Rotola, Wanda Sang, Larry Schulz. Mike Stites, and Terry Womble Also present City Clerk, Pamela Anderson, City Manager, Randy Young, City Attorney, Gerald Dahl, Deputy City Manager Patrick Goff; Director of Community Development. Alan White, Director of Public Works, Tim Paranto, Police Chief Daniel Brennan, staff; and Interested Citizens APPROVAL OF MINUTES OF February 13. 2006 Motion by Mr Gokey for approval of the Minutes of February 13, 2006, seconded by Mrs Sang, carried 8-0 PROCLAMATIONS AND CEREMONIES Mayor DiTullio made an announcement regarding the public hearing process for Item 2 and the proposed re-zonlng of the property known as the Olinger property - Police Chief Daniel Brennan presented a Salvation Army Award to City of Wheat Ridge Police Department and City Employees In recognition of their fund raiSing effort for the 2005 Gulf Coast HUrricanes Disaster Relief Programs Mayor DiTullio made a presentation to Councilor Lena Rotola and Barbara Delgadillo for their work and dedication on Wheat Ridge 2020 City Manager Randy Young also presented Ms Delgadillo a gift certificate on behalf of the City A recess was called at 7 11 P m to address audiO technical difficulties Meeting resumed at 7 20 p m CITIZENS' RIGHT TO SPEAK Chief Jim Payne. Wheat Ridge Fire Protection District, presented the Annual Report to the Wheat Ridge City CounCil Larry Nelson. Cornerstone Realty, announced the ribbon cutting for the Housing Authority project. CITY COUNCIL MINUTES FEBRUARY 27,2006 Page -2- Item 1, CONSENT AGENDA: A. Motion to approve an Investment Oversight Committee B Award ITB-06-12 2005 Crack Seal Project In the amount not to exceed 543,301 50 C RESOLUTION 08-2006 - AMENDING THE FISCAL YEAR 2006 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $95 003 26 FOR THE POliCE DEPARTMENT RADIO UPGRADE PROJECT Consent Agenda was Introduced and read by Mr Stites Mr Gokey asked to pull Item C Motion by Mr Stites for approval of the Consent Agenda Items A, and B , seconded by Councilmembers Schulz and Rotola, carned 8-0 Motion by Mr Gokey to approve Resolution 08-2006-A Resolution Amending the Fiscal Year 2006 General Fund Budget to Reflect the Approval of a Supplemental Budget Appropnatton In the Amount of 595.003 26 for the Police Department Radio Upgrade ProJect: seconded by Mrs Sang, carned 8-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2 - A REQUEST FOR HISTORICAL LANDMARK DESIGNATION FOR PROPERTY ZONED RESIDENTIAL-TVVO (R-2) LOCATED AT 7495 W 29TH AVENUE (CASE NO WHL-05-01) (CONTINUED FROM JANUARY 23,2006 FOR ACTION ONL Y) Item 2 was Introduced by Mr Womble City Clerk Pam Anderson read the executive summary Motion by Mr Womble that the City Council decline to approve the application under Case No WHL-05-01 for the follOWing reasons 1 The absence of suffiCient factors under Section 26-906 of the Wheat Ridge Code of Laws, 2 The property owner does not consent to the deSIgnation, and 3 The applicant and property owner have reached an agreement with respect to the preservation of certain structures and elements on the site I further move that Case No WHL-05-01 be postponed Indefinitely CITY COUNCIL MINUTES FEBRUARY 27,2006 Page -3- I further move that City Council's action shall not take effect until the approval by the City Council of an Outline Development Plan for the subject property, which approval shall contain as conditions that: - 1 The Olinger house shall be retained in its present location and extenor condition, normal maintenance and upkeep excepted 2 The Interior of the main house may be used for any purpose permitted by the then-current zoning 3 The eXisting pergola shall be moved, if feasible, to a location or locations on the subject property or shall be reconstructed at one or more locations on the subject property 4 An option to acquire the old house and barn on the site (for no monetary conSideration) shall be granted to any responsible organization. conditioned upon such option being exercised and the buildings moved off of the site pnor to the initiation of any construction on the site by the owner 5 (a) No application for a demolition permit shall be accepted, nor any such permit issued by the City for the Olinger house (mansion) or the pergola until the pending ODP application for the subject property has either been approved or denied, pursuant to the customary review process for such applications (b) The architectural deSign of any new structures on the property will be consistent With the elements of the architectural style of the Olinger house, including such elements as, by way of example, roof lines and shapes. building matenals and colors Window patterns, building Size, building mass 6 The property owner shall have consented to the foregOing conditions of an Outline Development Plan approval on the record before the City Council I further move that In the event the ODP shall not have been approved, with all of the foregOing conditions, prior to Apnl 24 2006 the denial of Case No WHL-05-01 shall not take effect and said case shall be rescheduled for action only by the Council at the next available regular Council meeting, seconded by Mr Gokey Meredith Reckert Senior Planner, presented the staff report, Janelle Shaver. 8890 W 351" Avenue spoke on behalf of the Wheat Ridge Historical Society She gave documents to the City Clerk to be dlstnbuted to Council City Clerk Pam Anderson asked If It was appropnate to distribute these items City Attorney Dahl stated that the hearing was closed on January 23, 2006 and that Includes any wntten documents which are the same as testimony The only exception to that IS statements that are taken from the applicant. property owner and staff on the proposal tonight: Additional documents gOing In the record are the same as testimony, of course we are preventing others from testifying and that would apply as well to the Hlstoncal Society and any additional exhibits We are going to hold those In a file and mdlcate they were exhibits received after the heanng had already been closed CITY COUNCIL MINUTES FEBRUARY 27, 2006 Page -4- Janelle Shaver continued her testimony and gave background on the Historical Society They are In support of an Outline Development Plan for the Olinger property based on the provIsion that a final ODP contain nine speCific conditions, which she outlined In detail She read a letter from James Lindberg, Director of Preservation Initiatives and Rural Heritage of the National Trust for HistOriC Preservation She also read an e-mail from Steve Turner, Director of Preservation Services for Historic Denver Andrew Miller, 200 Spruce Street. Denver, property owner gave background on how he bought the property In summer of 2005 with the clear understanding that Wadsworth IS a great commercial street. Had he known this controversy would erupt. he would have never bought the property He has tried to come up with a proposal that would address everybody's concerns He outlined all the concessions and compromises he has planned Eighty percent (80%) of the beautiful trees on the property are diseased and will have to come down City Council asked questions of staff, the applicant and the property owner Lee Ca/Jas, 4390 Dover Street. answered questions from Council regarding potential funding for preservation efforts Motion carried 8-0. Recess called at 8.21 pm Meeting resumed at 8 33 p m -- Item 3 A REQUEST FOR THE APPROVAL OF A FINAL DEVELOPMENT PLAN AND PLAT FOR PROPERTY ZONED PLANNED COMMERCIAL DEVELOPMENT LOCATED AT 4900 AND 4990 PARFET STREET (CASE NOS WZ-05-11 AND MS-05-04) (PHARO FOR BEAR LAND HOLDINGS) Item 3 was Introduced by Mrs Rotola Ms Anderson read the executive summary Mayor DiTulliO opened the publiC hearrng Councilor Adams stated for the record that she met with John Medved on unrelated matters on January 24, 2006 They were both aware of the application at that meeting and did not diSCUSS the proposed application On the adVice of the City Attorney, she was requested to make thiS disclosure and the fact that this meeting will not prevent her from voting on thiS pending application Mayor DiTulliO swore In all IndiViduals intending to testify In the public hearing Meredith Reckert made the staff presentation She submitted the zoning ordinance, subdiVISion regulations. case file and packet materials, and exhibits She stated that all notification and posting requirements have been met and that there is jurisdiction to hear the case CITY COUNCIL MINUTES FEBRUARY 27, 2006 Page -5- Mike Pharo, 2835 West Oxford Ave #6, Englewood, testified on behalf of the applicant and outlined the request for approval of the final development plan and plat Bruce McLennan, SEM Architects, 677 S Colorado Blvd, Denver, gave background on the proposed design Wendell Ayers, 7852 S Elatl Street Lakewood, testified regarding the drainage Issues and Improvements for the development. Dennis Polk, 1667 Cole Blvd, Golden, Attorney for the applicant, believes he has come 7 times before City Council to talk about W 50th Avenue He asked that the dedication not be required Chuck Stiesmeyer lives on the northwest corner of the development He has come to the City numerous times regarding 50th Avenue and related some of the reasons why he IS opposed to building the street and the problems it would cause City Council asked questions of staff and the applicant John Medved spoke In response to a question regarding past discussions on 50th Avenue Mayor DiTullio closed the public hearing - Final Development Plan Motion by Mrs Rotola to approve Case No WZ-05-11 a request for approval of a Planned Commercial Development Fmal Development Plan for properties located at 4900 and 4990 Parfet Street for the following reasons 1 ProvIsions for employee parking have been Incorporated Into the FOP 2 The Final Development Plan IS conSistent with the standards set forth In the approved Outline Development Plan for the site 3 All requirements for a PCD Final Development Plan have been met. With the follOWing conditions 1 The drainage system for the northern portion of the site be redeSigned to accommodate a half-width (30') dedication for West 50th Avenue 2 Prior to installation of the vehicle demonstration testing area, additional Information be provided regarding the use. maintenance and management of this area 3 The applicant continues working with the dItch companies to resolve concerns prior to Issuance of a bUilding permit. 4 The applicant continues working with the Clear Creek Valley Water and Sanitation District for IncluSion Into the district for sanitary sewer purposes Seconded by Ms Berry CITY COUNCIL MINUTES FEBRUARY 27, 2006 Page -6- Motion by Mrs Sang to amend to strike condition #1, seconded by Mr Gokey; tied 4-4, with Counclimembers Berry, Rotola, Adams. Schulz voting no, Mayor DiTullio broke the tie by voting yes Motion carried 5-4 anginal Motion as amended carried 6-2 with Mrs Rotola and Mrs Adams voting no Final Plat Motion by Mrs Rotola to approve Case No MS-05-04, a request for approval of a final plat for property zoned Planned Commercial Development located at 4900 and 4990 Parfet Street for the following reasons 1 All requirements of the SubdiVISion Regulations have been met. 2 Staff recommends approval With the follOWing condition 1 30' of nght-of-way be dedicated for West 50th Avenue and the easements on the north end be redefined to reflect required changes Seconded by Ms Berry - Motion by Mrs Sang to amend to stnke condition #1, seconded by Mr Womble. carried 6-2 With Ms Berry and Mr Schulz voting no anginal Motion as amended carried 8-0 Mr Gokey left the meeting for a bnef recess ORDINANCES ON FIRST READING Item 4 COUNCIL SILL 05-2006 - AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO REFERENCES TO THE STREETSCAPE AND ARCHITECTURAL DESIGN MANUAL Council Bill 05-2006 was Introduced on first reading by Mr Schulz Motion by Mr Schulz to approve Council Bill 05-2006 on first reading, order it published, public heanng set for Monday, March 13, 2006 at 7 00 P m In City Council Chambers, and that It take effect 15 days after final publication, seconded by Mrs Sang and Mrs Rotola, camed 7-0 CITY COUNCIL MINUTES FEBRUARY 27,2006 Page -7- Item 5 COUNCIL BILL 06-2006 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF A ZONE CHANGE FROM R-2, RESIDENTIAL-TVVO TO PLANNED COMMERCIAL DEVELOPMENT AND FOR APPROVAL OF AN OUTLINE DEVELOPMENT PLAN FOR PROPERTY LOCATED AT 7495 W 29TH AVENUE (CASE NO WZ-05-10) (MICHAEL PHARO FOR M & E FINANCIAL LLC) Council Bill 06-2006 was introduced on first reading by Mr Womble Motion by Mr Womble to approve Council Bill 06-2006 on first reading. order it published, publiC hearing set for Monday, April 24, 2006 at 700 P m In City Council Chambers, and that It take effect 15 days after final publication, seconded by Mrs Sang, camed 7-0 DECISIONS. RESOLUTIONS. AND MOTIONS Item 6 Board and Commission Appointments DISTRICT I - Motion by Mr Womble to appoint Kathy Deitsch to the Animal Welfare and Control Commission, term ending 3/2/09, Davis Reinhart to the Board of Adjustment. term ending 3/2/09. Kenneth Adams to the Building Code Advisory Board, term ending 3/2/09, Karen Grupe to the Parks & Recreation Commission, term ending 3/2/09, Anne Brinkman to the Planning Commission, term ending 3/2/09, Carolyn Peterson to the Liquor Authority. term ending 3/2/09, Ronald Gehaufto the Cultural Commission. term ending 3/2/09, seconded by Ms Berry, camed 8-0 DISTRICT II Motion by Mrs Sang to appoint Erna Mcintyre to the Animal and Welfare Commission, term ending 3/2/09. Kent Davis to the Liquor Authority. term ending 3/2/09. Michael Snow to the Parks & Recreation Commission, term ending 3/2/07, Charles Spielman to the Parks & Recreation Commission, term ending 3/2/09, seconded by Mr Gokey, camed 8-0 CITY COUNCIL MINUTES FEBRUARY 27,2006 Page -8- DISTRICT II I Motion by Mrs Adams to appoint Janet Bell to the Board of Adjustment. term ending 3/2/09, Ronald Abo to the Building Code Advisory Board, term ending 3/2/09, Richard Matthews to the Parks & Recreation Commission; term ending 3/2/09 Jerry Scezney to Planning Commission, term ending 3/2/09, David Berry to the Liquor Authority. term ending 3/2/09, Virginia Johnson to the Cultural Commission, term ending 3/2/09. seconded by Mr Stites, camed 8-0 DISTRICT I V Motion by Mrs Rotola to appoint Robert Hance to the Animal Welfare and Control Commission; term ending 3/2/09, Larry Linker to the Board of Adjustment. term ending 3/2/09, John Kellow to the Building Code Advisory Board. term ending 3/2/09 Kim Stewart to the Planning Commission. term ending 3/2/09, Judith DiCroce to the Liquor Licensing Authority, term ending 3/2/09. Geoff Wodell to the Cultural Commission. at large position, term ending 3/2/09. Tracy Langworthy to the Cultural Commission. term ending 3/2/09, Donna Downing to the Wheat Ridge Foundation, term ending 3/2/09, Lesa Meeks to the Wheat Ridge Foundation. term ending 3/2/09, Barbara Dellinger to the Wheat Ridge Foundation. term ending 3/2/09, - seconded by Mr Schulz, camed 8-0 Item 7 Housing Authonty Appointment Motion by Mr Stites to ratify the mayoral appointment of Terry Womble to the Housing Authority, term to expire March 2009, seconded by Mr Gokey; camed 8-0 ~lull --f1amela Y Meeting adjourned at 10 04 P m ~ ,~~. Anderson, City Clerk ~ APPROVED BY CITY COUNCIL ON MARCH 13,2006 BY A VOTE OF to Mike Stites, Council PreSident The preceding Minutes were prepared according to S47 of Robert's Rules of Order, i e they contain a record of what was done at the meeting, not what was said by the members Recordings and DVD s of the meetings are available for listening or viewing In the City Clerk's Office as well as copies of Ordinances and Resolutions ~ I.:... 0/"'-----"",,-9\ ~~J ~ ITEM NO' _\ , AI REQUEST FOR CITY COUNCIL ACTION t"""$~ ~ ~IQ WI 0,,,~ i Ccc . ~I___ COUNCIL MEETING DATE March 13,2006 TITLE: RESOLUTION 11-2006: A RESOLUTION AMENDING THE FISCAL YEAR 2006 BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $29,000 FOR CHANNEL 8 EQUIPMENT MAINTENANCE AND REPLACEMENT o PUBLIC HEARING o BIDS/MOTIONS ~ RESOLUTIONS o ORDINANCES FOR 1 ST READING (Date _) o ORDINANCES FOR 2ND READING QuasI-JudiCIal o Yes ~ No - - ( ~ I, ~ 1;~ /iuJ/1I:l Clly Manager 1/ EXECllTlVE SlIMMARY: Funds for channel 8 related equipment maIntenance/replacement and lIcenSing fees are necessary to cover 2006 operating expenses. A transfer of PublIc EducatIOn Government (PEG) revenues from General Fund Undeslgnated Reserves In the amount 01'$29,000 IS being requested to cover projected expenses including the follOWing Dlglcaster Broadcast System License Fee Annual Mamtenance EqUipment Replacement/Repair' AudiO System Replacement. $3,000 $3.000 $10,000 $13,000 COMMISSION/BOARD RECOMMENDATION: None ST A TEMENT OF THE ISSUES: Annual lIcensIng fees, maIntenance and eqUipment replacement related to operatIons of the government access channel have not been budgeted for 2006 Staff estimates 2006 fundIng needs In the amount of $29,000 ThIs Includes replacement cost for the audio system, lIcensIng fees for the bulletm board and broadcast system. and maIntenance/repmr on all eqUIpment wlthm the Council Chambers. As CouncIl IS aware, PEG fee revenues can only be utilized for equipment aSSOCIated With operatIng the government access channel and not co-mingled with other general fund revenues. PEG revenue funds wIll be utIlIzed and encumbered for the above purposes, Balance of funds at the end of 2006 will be returned to the General Fund Undeslgnated Revenues, The transfer of funds will allow staff to replace and mamtam eXIsting equipment, as well as pay the annual hcensmg fees throughout the year WIthout returning to the CIty Council on a case-by-case basis for approval of funds, ALTERNATIVES CONSIDERED: None. FINANCIAL IMPACT: Total finanCial Impact IS estImated at $29,000 from PEG fee revenues thereby not affectmg the General Fund reserve account. - RECOMMENDED MOTION: "I move to adopt ResolutIon 1i .2006 - A ResolutIOn Amendmg the Fiscal Year 2006 Budget to Reflect the Approval ofa Supplemental Budgel AppropnatIon m the Amount 01'$29.000 for Channel 8 EqUipment Mamtenance and Replacement" or, "I move to table mdetiOltely ResolutIOn J I -2006 - A ResolutIOn Amendmg the Fiscal Year 2006 Budget to Renect the Approval of a Supplemenlal Budget AppropnatlOn m the Amount 01'$29,000 for Channel 8 Equipment Maintenance and Replacement for followmg reason(s) Report Prepared by' RevIewed by' Barbara DelgadIllo. Assistant to the CIty Manager G Randy Young. City Manager Ibd Attachments: I ResolutIon No 08-2006 CITY OF WHEAT RIDGE, COLORADO RESOLUTION \\ Series of 2006 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2006 BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENT AL BUDGET APPROPRIATION IN THE AMOUNT OF $29,000 FOR CHANNEL 8 EQUIPMENT MAINTENANCE AND REPLACEMENT WHEREAS, the Cltj Councll recognIzes the need to maIntaIn lts channel 8 program operntlOn as part of It'S strategIc plan to maIntain an open and transparent citj government: and WHEREAS, the Cltj CouncIl recognIzes that on-going eqUipment maintenance, repaIr and replacement IS necessary for seamless operatIOns, and WHEREAS, the use of PEG fee revenues can only be utIlized for equIpment assocIated wIth operating the government access channel. nnd WHEREAS, the Wheat Ridge Charter requIres that amendments to the budget be cffected bj the City Council adoptIng a ResolutIOn, - NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A The City Council authorIzes a supplemental budget approprIatIOn from the gcneral fund undeslgnated reserves In the amount 01'$29,000 to account 01-113- 700-704 and amends the 2006 liscal year budget accordingly DONE AND RESOLVED THIS 13lh day of March 2006. Jerl! DiTullio, Mayor ATTEST: Pamela Y. Anderson, City Clerk ATTACHMENT 1 ~~~~.~~ ~ '''\ - '" U m ) ~' ITEM NO' L~, REQUEST FOR CITY COUNCIL ACTION ,~f~. ~ 110 Ui I COUNCIL MEETING DATE, March 13,2006 TITLE: APPROVE RFB-05-42 ON-CALL STORM SEWER CLEANING & REPAIR SERVICE RENEWAL OPTION NOT-TO-EXCEED $50,000 o PUBLIC HEARlNG [gJ BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date'_) o ORDINANCES FOR 2ND READING QuasI-Judicial o [gJ IV ~ ~'q CIt) Ma er ~ --------- ~k Director of l3t1blIc Works --- EXECUTIVE SUMMARY: The PublIc Works Department currently utilizes [CO Resources, Inc, of Arvada, Colorado to perform on-call storm sewer cleanmg and repair services as a result of the formal bid process RFB-05-42. completed on September 20, 2005 The InItial award for thiS work was $24.500 and did not requIre council approval The work for 2006 IS budgeted at $50,000 and therefore requires council approval Based on prevIOus performance, Staff requests approval to renew the services for one year With ECO Resources, lnc , of An/ada for the not-to-exceed amount of 50,000 COMMISSIONIBOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: Staff conducted a formal procurement bid process to select a contractor to perform on-call storm sewer cleanmg services m September. 2005 ECO Resources was selected for the work. The 2006 Budget mcludes $50,000 for on-call storm sewer work. The September procurement IS recent and can be utilIzed for award of the 2006 on-call sewer cleanmg services. Staff IS pleased With the performance of ECO Resources and recommends award of the 2006 services contract to thiS firm. ALTERNATIVES CONSIDERED: No approval and the on-call storm sewer cleanIng and repair services contract will not be awarded. FINANCIAL IMPACT: The funds for the storm sewer cleanIng and repair services are budgeted In the Contract Services line Item, account number 01-303-700-704, of the 2006 PublIc Works OperatIOns budget of$50.000 RECOMMENDED MOTION: "I move to approve the On-Call Storm Sewer Cleaning and Repair Services Agreement with ECO Resources, Inc of Arvada, Colorado In the amount of not-to-exceed $50,000 I further move that this allocation be paid from account number 01-303-700-704, and that these funds be encumbered In accordance With Ordinance #787, 1989 Series," or, "I move to den) approval of the On-Call Storm Sewer Cleamng and Repair Service Agreement WIth ECO Resources, Inc of Arvada, Colorado for the follOWing reason(s) - Report Prepared by' Greg Knudson, OperatIOns Manager ReViewed by Tim Paranto, Dnector of PublIc Works Linda Trimble, PurchaSing Agent Attachments: OoG1l] RFB-O'\....C. C AF Rcne....al Op\lOn doc ;~, ~ ITEM NO' L c, REQUEST FOR CITY COUNCIL ACTION I~$~ ~ II11 UII ~ COUNCIL MEETING DATE, March 13.2006 TITLE: AWARD RFB-06-07, 2006 TRAFFIC SIGNAL EQUIPMENT REPLACEMENT PROJECT AT A TOTAL COST OF $68,806 o PUBLIC HEARING L8J BIDS/MOTIONS o RESOLUTIONS D ORDINANCES FOR 1ST READING (Date,_) D ORDINANCES FOR 2ND READING QuasI-JudiCial D L8J yes:J No ~-t tJ Director of Puhh'c Works G~c~-d; City ManageY ~ EXECl1T1VE SUMMARY: - The PublIc Works Department IS propOSIng purchase of traffic Signal equipment for ItS ongOIng tratTic signal Improvements program, The purpose of thiS program IS to upgrade the City's tratTic signal system and to Improve Signal Visibility, Improve commUnicatIOn ability and replace obsolete equIpment. Work IS scheduled for those intersectIOns With high pnonty needs. and will be performed by OperatIOns DIvIsIOn staff The intersectIOns scheduled for thiS year are 1) West 38th Avenue at Youngfield Street 2) East Bound 1-70 Off Ramp at Youngfield Street 3) 44th A venue at Harlan Street 4) 44th Avenue at PIerce Street 5) 38th Avenue at High Court 6) 44th A venue at Y oungfield Street 7) 50th A venue at Klp1mg Street 8) 35th A venue at Pierce Street 9) 32nd A venue at Holland & Dudlev Street 10) 32nd A venue at Y oungfield Stre~t 11) 38th Avenue- Wadsworth to Depew Street COMMISSION/BOARD RECOMMENDATION: N/A ST A TEMENT OF THE ISSUES: Bids for the 2006 Traftic Signal Equipment Replacement Project. RFB-06-07 were opened on Tuesday, Februal) 23,2006 SIX (6) bids were received, The apparent low, fully responsive bidders mclude Traffic SIgnal Controls, 1nc of Longmont, Colorado m the amount of $39.381 00 for all equipment excludmg flashmg beacons. controller cabmet. conductor Wire, Video detcctlOn and tiber optIC modcms WIth cable: Gades Sales of Denver, Colorado in the amount of$3,250 00 for flashmg beacons only, Econolite Control Products, of Arvada, Colorado m the amount of $8,70000 for the controller cabmet only; and AM SIgnaL Inc ofLlttleton, Colorado in the amount of$ 17,4 75 00 for the Video detectIon and fiber optiC modems only Traffic Signal Controls, Inc" Gades Sales, Econolite Control Products, and AM SignaL Inc have met all bid reqUirements. Based upon the compliance WIth bId specdicatlOns, Staff recommends award to the 10\\ bidders on the eqUipment. ALTERNATIVES CONSIDERED: No award and the 2006 Traffic Signal Equipment Replacement Project wIll not be completed. FINANCIAL IMPACT: The funds fOi thiS project are budgeted m the Other Major Equipment project Ime item, account number 01-303-800-809. of the 2006 Public \\ orks OperatIOns budget of $105,000.00 RECOMMENDED MOTION: - "I move to a\\ard RFB-06-07, 2006 Traffic Signal EqUipment Replacement project to Traffic Signal ControL Inc , of Longmont. Colorado m the amount of their bid of $39,381 00, to Gades Sales, of Denver. Colorado m the amount of their bid of $3,250 00, to Econohte Control Products 1nc" of Goldcn, Colorado m the amount of theIr bId of $8,700 00 and to AM Signal, Inc, of Littleton, Colorado m the amount of their bId of $17,47500 [ further movc that all costs assOCiated WIth thiS contract be paId from account number 01-303-800- 809, and that thesc funds be encumbered m accordance With Ordmance #787, 1989 Senes." or. "I move to deny award of RFB-06-07, 2006 Traffic Signal EqUipment Replacement Project, for the followmg reason(s) " Report Prepared by: Revlcwed by' Greg Knudson, OperatIOns Manager Tim Paranto, Dlrcctor of Public Works Lmda TrImble, Purchasmg Agent Attachments: 1 Bid Tabulation Sheet - o u Wz C>o 0_ -I- C:::<2: I-...J <2:::> Wm J:<2: ~I- u.O 005 >- I- U c Q) CJ> <{ (J) c Vl m r. ~ :0 0.. Q) .D >- .~ '" ~ 01- ill m Z" :f ~ 0--' E D.V) o :0 o ~ N '" w >- <d 0 o ~.ob::LL ~,....:tD~LL < 0..... 0 ,... ~ (,f1 I <: 0 '-' 'l to G N ;. ~ 0 Ie -- Vi ~ ~ 0 IZ ~ ill? ~ CD ,;z ~ 1:0 < :)LJ..~N8 '" a:: 0 0 '" 0.. I- ~I :2:' 0.. ::> o W ...JI <2: z C> Cf) U u. u. <2: c::: I- I- o ill -, o c::: 0... <J --- -- -2t ~ ,~ <:l l::l ...,~ ~ ... r.:; '" Q. - f: <3 .~ s;:: ':>' ;;:0; ~- ",C') "3 -;:l <;;: V') -'" - - (2 -0 ~ ~ -;:. '-l: ..! '-'- ~ ~ ~ '....c ..... '"-.: I $ ~ ---~ '$! 1 I;:;' I ! ~ I ~ · 31 ~! ! ~ --:>-! 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Z => zo..o wow -0 Ou...OOOu...wIwI ~i=Ii=Oi=Ii=Oer:--'er:--' iioO::oWol9owo<l:o<l: ~~>~g~O~goi3oi3 w ul 0 ulO-O- OM C"1__LD__ln___cn_(/) w (5 <l: 0.. w 0: => I- <l: Z (5 (f) Cj .., <;, " Cj <l <;, <l '" <;, " <OJ <.l ~ ~ I <> ~ "'<I t\) <:.) <:> '-..;, "{ ~ -... <.l .. I:l ~ r.i5 rZ ~ ~ '>0 ~ - " ~ <;:'\( ~ "" ~ ~ ~ ~ "'\ () <:> Cj <:l ATTACHMENT 1 <:> '" c:\ <;) <;) Cj ~ \n t--. ~ <;;;, ~ \0 __ "<'l""l ~ ~ ~ Cl <:l ~ <l Cl " Cj <l -::r- <--i. ::r- ~ ~I ~ I i I ' , I ~ ~ II'" I~ I . <:> '-01 ~. <;). ~ I ~I ;'1'-;: I C:l I ~ Q ,..~ ~ I C <:;) <0 \C\' o::r- \[\! " ~I s ~ ~ ~ ~ ~") 2 "'r "'< ":]- \n Q- c--- ~ l\ \:, ~ r{J~ \:; " ~ r::6rar-D I ~I ~ "" ~ '" '< - " tU '" --- ~~~~-;;, "'" "'" < -=< ~Q " r-Q \;;) ~ C> '" 'i:l -... ........ "(') ~ I ~I r{) <:j~ -:)'"~ (""..,:) ~~--.;z<-:;z "J <:> ~, ~ :: ~ ~~~~ 1~1~< ~I '" ~ ~ ~rD{{)~ --- \.l ~~ ~ <:> ....l' ~ I ! >-0: ul --'w Z I CO--" O I- ::;;:--' Z Z wO ~ ~ 0 0 Uler: => w U 0 Ull- CO --' <l: <l: <l:OZ~ I 0 w w CO _ (fJ 0. CO CO><l:o~ ::J Z 19 19i:So-o:: 0..4' ~-~..J~~O Z O::n..IOI..Jo..~1- <l: I-<(UlWUlW 00 0:: f3o:SO::S>-j:::<l:=> I-Z006u...Ou...O owO (fJl9 W WNo:z w-WwO::--'O::..Jul 0 0(fJ 0..U) I, I, l-(fJo W>io<l:'<t~'<t~o...i;j , CL>..-a.'lN_N_= _M <> --- <. ~ <..:> << W er: 5: 0:: o I- o => o Z o o , (J) ~ --' --' => 0. --' --' <( <l: => ::J 0 o w w 0:: er: 0 o W W I- ~ ~6 <l: =>~ =>-0>< 06::;;:0 WN=>CO 19----' 0::><0--, :S~~1r Q; '" ~ '" .0 2 -0 .c 0... c ;;; '" ~ L> '3 0. X 'tIH[.oC\.,. n"'''' ::~'.'O - .\~\ I,~ 'j ~ ITEM NO :11 REQUEST FOR CITY COUNCIL ACTION ~~d ~';Y , i I COUNCIL !\lEETING DATE March 13,2006 TITLE: COUNCIL BILL NO. OLf-2006: AN ORDINANCE PROVIDING FOR A REQUEST FOR REZONING FROM RESTRICTED COMMERCIAL (R-C) TO PLANNED COMMERCIAL DEVELOPMENT (PCD) FOR PROPERTY LOCA TED AT 6690 W. 44TH A VENuE (CASE l'\0. WZ-05-14/ABRAHAM) ~ PCBLIC HEARING o BIDS MOTIO"iS o RESOLUTIONS o ORDINA"iCES FOR 1ST READING (Date Feb, 13, ::006) [8J ORDINANCES FOR 2ND READING QuaSI-JudICIal [8J ~~ o 1\0 Alan WhIte, Commurut) Development DIrector ~'f~ Rand) You ny M er - EXECl.'TIVE Sl'\l\lARY: Kahsa) Abraham IS requestmg a rezomng from Restncted CommercIal to Planned CommerCIal Development for the property located at 6690 W 44th A \ enue. The subject parcellS 11,900 square feet m sIze (,27 acres) The current zonmg deSIgnatIon allows a l1mlted range of commercIal uses, The sIte currently contams an eXlstmg vacant buddmg, whIch has previously been used m conjunctIOn WIth auto-related uses. An OutlIne Development Plan and Final Development Plan are mcluded WIth the request. The Outl1ne Development Plan WIll est3blIsh allowable uses and development standards, whIle the Fmal Development Plan wIll set a SIte specIlic development pattern for the property The applIcant would lIke to loc3te a lIquor store m the eXIstmg bUlldmg, one of the proposed allowed uses l1sted on the Outlme Development Plan. The proposed lIst of allowed uses mcludes most of the allowed uses m the R-C zone dlstnct, along WIth a fe\\ allowed uses m the CommerCIal One zone dIstnct. PlannIng CommISSIon heard the request on January 19.2006, and recommended demal ThIS relates to the CIty'S goal of creatmg a strong partnershIp between the CIty and the communIty, speCIfically "City gO\ emment perceIved as more busmess fnendly" COMMISSION/BOARD RECOM~IEl'\DA nON: PlannIng CommissIOn reviewed this request on January 19, 2006, and recommended demal of the rezomng (and Outlme Development Plan) for the followmg reasons 1 It IS detrimental to public health, welfare and safety. .., It IS not compatible wIth the Comprehensl\'e Plan. 3 It would create spot zonmg. PlannIng CommIssIon also recommended demal of the Fmal Development Plan for the followmg reasons The Outlme De\ elopment Plan and rezoning from Restncted CommercIal to Planned CommerCIal Development was demed, ST A TDIEl\'T OF THE ISS1'ES: The subject property IS currently zoned Restncted CommercIal. A hquor sture IS not an allowed use In the R-C zone dlstnct. The apphcant wIshes to rezone the property to Planned CommercIal Development, wIth one of the allowed uses beIng a hquor store The applicant has proposed to mclude most of the allowed uses In the R-C zone dlstnct as allowed uses on the ODP All uses hsted as specials uses in the R-C zone dlstnct have not been Included m the hst of allowed uses on the ODP The ComprehensIve Plan Future Land Use deSIgnatIOn for thIS property IS NeIghborhood ServIng Retail, whIch should conSIst of small scale retaIl and profeSSIOnal service uses, such as coffee shops, bIcycle repair shops, flower shops and profeSSIOnal offices, - The appl1cant WIshes to utll1ze the eXlstmg bUIldIng, and SImply add parkIng stalls and landscaped areas to the SIte As a result, a few of the development standards have been altered on the ODP, and are not representatIve of the standards lIsted In the Code of Laws. The applicant IS proposing 13% landscape coverage Commercial zone dlstncts are requIred to have mInImUm landscape coverage of 20%, Because the applIcant IS requestIng a rezorung to Planned Commercial Development, thI:, slandard can be altered To compheate matters, the apphcant claIms he was told that a lIquor store was an allowed use In the R-C zone dlstnct, however. he cannot remember which staff member gave han the mfonnatlOn, It should be noted that none of the staff members recall acknowledgmg a hquor store as an allowed use on the subject properly l WIth respect to current R,C zonmg) The appheant subsequently purchased the property and obtaIned a hquor hcense from the LIquor Authonty One of the reasons for demal by Plannmg COmr11lSSlOn was that the rezomng created an Isolated or "spot-zomng" zone dlstnct. The rezonIng would result In a Planned CommercIal Dlstnct, whIch dIffers from surroundIng zonIng The Clly -'\ttomey has opIned that If allowed uses In dIfferent zone dlstrlcts are SImIlar. regardless of zone claSSIficatIon, there IS not a "spot-zomng" SItuatIOn. The propertIes to the north of the subJcct parcel are zoned C-l All of the proposed uses m thIS Planned CommerCIal Development are allowed uses In the C-I zone dlstnct. Even though these dlstncts dIffer by name, they are SImilar In nature, However, the properties to the east, west and south are zoned Restricted Commercial. The applicant proposes to mclude about a dozen uses whIch are nat allowed m the R-C zone dlstnct as allowed uses m the Planned Commcrclal Development. mcludmg the liquor store use Staff is recommending that the words "non-residentIal" be added to proposed allowed use numhcr 15 "Clinic or o.ffice fo.r [ilc co.unseling and treatment o.f physialagical, so.cial, marital, devclopmenltl1 or similar canditians, excluding substance abuse" AddItIOnally, the words "non- residential" should be removed from use number 16 "day care 0.1' pre-schaal, small" AL TER'\.\ TIYES CON"lIDERED: l\one FI'\A:\ClAL I\lPACT: The City has receIved a one-tIme applIcatIOn fee for the land use applIcatIOn. The Clt) would receIve <.1i1\ sales tax generated from retaIl sales, RECOM:\lENDED \lOTIONS: There are two Items for conSIderatIon' a rezonmg and assocIated Out1me Development Plan and the Fmal Development Plan, Each Item wIll reqUIre a separate motIOn, -- Rezoning/Outline Development Plan OPTlO\! A "I mo\'e to appro\'e CouncIl BIll No 0+<:.006. case number WZ-05-l4, a request for a rezonIng from Restncted CommercIal to Planned CommercIal Dn elopment and assocIated OutlIne Development Plan for the property. located at 66l)O W 44th Avenue for thc followmg reasons I The change m zone IS compatible WIth the eXlstmg condItIOns III the ImmedIate area, ") The change m zone wIll not ad\ ersel) affcct the publIc health, safety or welfare The change m zone substantIally. meets the deSIred attributes of the Neighborhood Retad classIfIcation m the Comprehensl ve Plan. 3 WIth the follOWing condItIon The words "non-reSIdentIal" shall be added to the follo\Vmg use "Clinic 0.1' affice Jor the counseling anu treatmcnt o.f psychological, so.cial, marital, develo.pmental or similar conditions. excludmg substance abuse" .------------- - ------- ~C, --l" (:".... OPTlOl\.' 8, --------' ,~ . ) "1 move to table mdefimtely Councd BIll:\lo 012006, case number WZ-05-l4, a request for a rezonmg from Restncted CommerCIal to Planned CommerCIal Development and associated Outlme Devclopment Plan for the property located at 6690 W 44th Avenue WIth the followmg 1 OR findlllgs. 1 ") The change of zone, specifically the intended use of' hquor store' IS detnmental to the public health, safety and welfare The change of zone wdl not be a social, recreatIOnal or physical benefit the commumty" '~ec \ ~ ) Final Development Plan r IJ~ \ C .,j I OPTION A. \ "I mo\' e to APPROVE Case No WZ-05-14, a request for approval of a Fllla1 Dc\' elopment Plan for propert) locatcd at b690 W. 44th A venue, for the following reasons The Flllal Development Plan comphes with the development standards estabhshed by the Outline Development Plan. The Final Development Plan meets the tcchmcal reqUIrements as eqabhshcd m ArtIcle III for Final Development Plans," 0. -.J(}..,y,(~ OPTION B. . .J "1 move to DENY Case No WZ-05-14, a request for approval of a Final Development Plan for propert) located at 6690 W 44th A venue, for the followlllg reasons The Outlme Development Plan and rezomng from Restncted CommerCIal to Planned Commercial Development was demed." ") oc:c \ {"~ \ IJ r\. . J lJ \ - Report Prepared by' TraViS Crane 303 235.2849 ReVIewed h Alan \Vhlte 303.235,2844 Attachments: Plannmg CommiSSIOn Staff Rcr0rt (WI th ex hi bits) 2. Letter from Apphcant Dated 23 February 2006 3 CounCIl Bdl No 09-2006 CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO' Planning Commission CASE MANAGER. TravIs Crane CASE NO. & NAME. WZ-05-14/Abraham DATE OF MEETING' January \9,2006 ACTION REQUESTED' A request for a rezomng from Restricted Commercial to Planned Commercial Development, including an Outline Development Plan and Final Development Plan, LOCATION OF REQUEST 6690 W 44th Avenue APPLICANT (S): Kahsay Abraham OWNER (S): Same APPROXIMATE AREA. 11,900 sq ft, (0.27 ac,) PRESENT ZONING Restricted Commercial (RC) COMPREHENSIVE PLAN DESIGNATION Neighborhood Serving Retail (NR) ENTER INTO RECORD: (X) (X) ( ) COMPREHENSIVE PLAN ZONING ORDINANCE SUBDIVISION REGULATIONS (X) (X) CASE FILE & PACKET MATERIALS DIGITAL PRESENTATION - Location Map Subject ~. .... .... Property .... ~ . .... ... .... ... ~ .... ~. ~ ~ ~ ... ... .... ... ... ... .... C> C> .... .... ::l - ~ ~ .... .... ... .... ~ ... ... .... t;j C> ... ... ... ... .... .... ::l ::l - C> ~ :; ~ 0 ... - 11 ... ~ .... .... ~ ... ... A-1 All notification and postmg reqUirements have been met; therefore, there is jurisdictIon to hear this case. Planning Commission WZ-05-14/ Abraham ATTACHMENT 1 I. REQUEST The apphcant IS requestmg a rezomng from Restncted CommeTCIa] to Planned Commerc]a1 De\ elopment. An assoCIated Out1me Development Plan and Fmal De\ elopment Plan are mcluded wIth the request. The current Restncted CommercIal zomng deSIgnatIOn allo\\'s a hmlted range of allowed uses. The ex]stmg bUlldmg on the property WIll remam, An Outhne Development Plan "'.'111 rezone the property and set development standards, \\ hIle a Fmal Development Plan wIll set a specIfic development plan for the property (Exhibll I. Letter of Request) The property owner WIshes to ul1hze the eXlstmg bUlldmg as a retaIl hquor store The property]s 11,900 square feet m sIze II. Ol1TLI:\E DEVELOPl\lE:\'T PLAN The Outlme Development Plan (ODP) wIll set all allo\\ed uses and de\elopment standards for the propert: (ExhibIt 2, ODP) The ODP also contams a general concept plan whIch labels areas of landscapmg, parkmg, buIldmg footpnnt, and access pomts It should be noted that many of the dC\ el(1pment standards are taIlored for the ex]stmg propert:, that IS. the phYSIcal appearance of the property will change very httle until a redevelopment of the propert: ]S to occur - Allowed Lses The subject propert: ]S currently zoned Restncted CommercIal (RC) The RC zone dlstnct all 0\\ s a hmlted range of commercIal uses When developmg a hst of allowed uses for thIS Planned CommercIa! Development, the applIcant started WIth the allo\\ ed uses m the RC zone dlstnct. Some of the allowed uses ha\ e been omitted (such as ambulance Se[\'lce, resldentlal uses or temporary Chnstmas tree lots), as they were ImpractIcal for thIS locatIOn, or sImply \\ ere not deSIred uses, Any use lIsted as a speCIal use m the RC zone dlstnct has not been Included as an allo\\ ed use The applIcant then added some uses lIsted as allo\\ ed uses m the CommerCIal One (C -I) zone dIstnct as allo\\ ed uses for thIS propert: These uses are as follows Applzance stores and II1cidental sen Ice and rCPQlr Automotive parts supplzes and sales Auto sen'ICl repQlr and mQlntcnance shops Immor) Caterers Clmlc or oJJiee for the counseling and treatmcnt of psychological, socwl, mantal, developmcntal or sunLlar conditions. excludmg substance abuse D[n care or preschool. small Drug store or pharman Electrolllc and compllter sales, supplies and sen'lce Home Improvement store Leather goods and luggage store Lmen supph Liquor store epholster store I nnn-alltomom'c) These abc1\'e-hsted uses are allo\.ved uses m the C -I zone dIstnct. SImply, the applIcant WIshes to mamtam the uses alread: allowed m the RC zone dlstnct, and add the above 13 uses, Staff PlannIng CommissIOn \\ Z-OS-I';, Abraham 2 feels that auto service. repaIr and maintenance shops (minor) should be excluded from the lIst of allowable uses, as It conflicts wIth desired attributes Itsted lD the Comprehens1\'e Plan, AddItlOnally, the words "non-resIdential" should be added to Clinic or office for the COlillSc1ll1g and treatment of psychologIcal, soczal, marital, developmental or szrndar COndltlOIlS, excludzng substance abuse, " The Comprehens1\ e Plan Future Land Use Map designatIOn for thiS propeny IS Neighborhood ServlDg Retail ().'R) The ComprehenSl\ e Plan states that the ;..,'R areas are to consist of sm:.!ll scale retall and professlOna1 sen'lces uses, such as coffee shops, bICycle repalr shops, llo\\ er shops and professlOnal offices These uses are lDtended to proVlde a buffer bet\\ een the busy street and the neighborhood. The Comprehensive Plan Itsts the deSired attnbutes of the 1\R areas as . Small mdependenth owned retall and sen'lce establ1shments that are not dependant on hIgh traffic volumes. . \\' ell landscaped - no outdoor storage, trash areas must be screened, . No dnve through faCIlIties or auto-onented commerCial uses, . JncluslOn of bIke racks. benches. plClllC tables, publIc art and pedestnan connectlOns . No expanslOn mto reSIdential neighborhoods. . HeIght and bulk of the bU11dmg re!:lte to the adjacent neIghborhood, . Hours of operatlOn are restnctcJ Most of these attributes are bemg achIeved. The apphcant Wishes to open a neighborhood sen'mg hquor store The eXlstmg buIldmg \\ auld be utlhzed. The propeny currently does not contam any landscaped area, so the mcluslOn of landscapmg WIll be a benefit. The trash area wIll be screened There are no dnve through uses proposed lD the hst of allowed uses \\'hl1e the propeny does not contam bike racks, pIClllC tables or pubhc art, Sidewalk connections a;e bemg proVIded where they do not eXIst The eXIstmg buIldmg relates to the scale of the -- surroundll1g neIghborhood. Landscaping The aD? sets standards for mlDlmum Iandscapmg The propeny currently has no landscapmg, The apphcant IS mtendmg to mcrease the amount of landscapmg, The Code of Laws speCifies that a commerclally zoned properly should ha\ e a nlllllmUm of 200 0 landscapmg The aDP speCIfies that for redevelopment of the properly (m excess of 50% expanslOn) a mmmlUm of 1500 Iandscapmg IS requIred. The aDP also specI fies that landscapmg for the eXlstmg bU11dmg IS dIctated h\ the quantItIes and are.1 prO\ Idcd on the Fmal De\'elopment Plan \'en SImply, the bndscap11lg area and quantltles of trees and shrubs shown on the Fmal Development Plan 15 \\ hat IS allowed -\ll other landscape requlremcllls shall refer to SectIOn 26-502 of the \\'heat RIdge Code ofLa\\s Building COHrage A maxImum buIldmg coverage of 500 ~ IS proposed on the aDP BUlldmg coverage IS defined as all areas of the lot covered by buIlumg, The Code of LaV\ s speCIfies that for CommercIa] zone dIstrIcts. the maXImum lot C0VClJg,e (all areas ofbUlldlllg and pav1l1g) IS 80% of the lot. The maXIlllum lot coverage for thIS properly wIll be dIctated by the mmlmum amount of lanJsC.1plIlg rcqlmed Fnr example, If! 50'0 landscapmg 15 reqlllred, the maxlmwn lot coverage \\Ill then be S5" 0 of the lot, Planrung ComrrllSSlOn \\ Z.OS-14'Abrah"m 3 Parking The ODP specIfies that parkmg shall be m conformance wIth SectlOn 26-501 of the Code of Laws The Code states that mlmmum parkmg shall be reqmred based upon a specIfic use The Final Development Plan will detaIl the amount ofparkmg reqmred and suppllcd, Building HeighUSetbacks The maxImum bm1dmg heIght IS bemg established at 35 feet, whIch IS consIstent wIth the commercIal zone dlstnct. The setback standards for the commercIal zone dlstncts have been used as a gUlde, but the reqUlred setbacks have been modIfied on the ODP to conform to meet the setbacks of the eXlstmg bUlldmg. The commercIal zone dlstncts reqmre a 50 foot front yard setback for propert1es adjacent to W 44th Avenue, a 5 foot per story SIde yard setback, and a 10 foot rear ! ard sethack A 30 foot setback 1S reqUlred when adjacent to a publ1e street The mmlmum sethacks establ1shed on the ODP are as follows. 30 feet for the front yard (adjacent to W 44'01 A \ enue), 5 feet for the SIde yard (eastern property Ime), 30 feet for the western SIde yard adpcent to 011S Street, and 8 feet for the rear yard, Architecture The ODP mcludes a note whIch reqUlres any new structures to be compliant wIth the Slreelscape and Archlleclural Design Manual Access/Circu lation The property currently has three access pomts two on West 44th Avenue and one on OtIS Street. The western-most eXlstmg access pomt on West 44th Avenue will be closed, Each access pomt will allow full movement. - Building Sign age An eXlstmg Slb'T1 on the West 44th A venue frontage will rem am and wIll be reused for the mtended busmess The eXlstmg sIgn does not conform to toda! 's standards m respect to Sl7e The Code alIO\\ s a maxmlUm SIgn sIze of 35 square feet for a 1,400 square foot buIldmg, The eXlstmg SIgn 1S 64 square feet m Slze The sIgn IS 15 feet tall, setback from the property Ime 11 feet. Both the heIght and setback conform to the Code requIrements The ODP does contam a note wluch refers to the Code for add1tlOnal reqUlrements, and any ne\\ slgnage must meet these Code reqUIrements Lighting The ODP refers to SectIOn 26-503 of the Code of Laws for hghtmg regulatIOns Fencing The ODP refers to SectIon 26-603 of the Code of Laws for penmeter fence regulatIOns. There IS an eXlstmg fencmg whIch wIll remam The eXlstmg fencmg does conform to SectIOn 26-603 III. CRITERIA Staff has the follOWIng comments regardmg the cntena used to evaluate a change m zone 1. That the existing zone classification cu rrently recorded on the official zoning maps of the City of Wheat Ridge is an error. Pbnmng ComrrusslOn \VZ-05-14,'Abraham 4 The eXlstmg zone classificatIOn on the official zomng map IS not m error The property currently has Restncted Commercial zoning, 2. That a change in character in the area has occurred due to installation of public facilities, other zone changes, new growth trends, deterioration, or development transitions, and that the evidence supports the finding of the following. There has been no recent change In character to the area. :Many of the surroundmg prope'lles have had the same zomng deSignatIon since the incorporatIOn of the City The proposed rezonmg WIll be m character with the surroundmg neighborhood. 3. That the change of zone is in conformance, or will bring the property into conformance, with the Cit~ of \Vheat Ridge Comprehensive Plan goals, objectives and policies, and other related policies or plans for the area. The Future Land Cse map m the Comprehensive Plan deSignates thiS property as -:\'elghborhood Ser,mg RetaIl The proposed zone deSignatIOn of Planned Conunerclal De\ elopment does fall wlthm thiS c1JssdicatlOn, The Future Land Cse '\.1ap IS one component of the Comprehensive Plan, The Pldn also contains goals and polICies that need to be conSidered In findmg consistency WIth the Comprehensive Plan. The rezoning meets the follOWing deSired attributes of the Ne]ghborhood RetaIl classlficatlOn The property WIll be an mdependently owned retaIl establIshment which ]S landscaped. all trash areas wIl] be screened, there are no auto-onented or dnve through uses, pedestn..u1 connections wIll be prOVIded and the heIght and bulk of the bmldmg W]lI relate to the eXIstmg neIghborhood. 4. That the proposed change of zone is compatible with the surrounding area and there will be minimal ad\Crse impacts considering the benefits to be derh ed. The request IS for a rezonmg to peD -\ majorIty of the properties m the area have some sort of commerCIal zonmg deslgnatlOn, ThiS \\'1ll be the only property m the neighborhood With PCD zomng, WhIle the PCD deslgnatlOn differs from the RC or C-1 deSIgnations, the mtent of these zone distrIcts IS s]mllar - neIghborhood serVIng commerCial development. - 5. That there "ill be social, recreational, physical and/or economic benefits to the community derhed b~ the change of zone. ThiS proposed zone change should create a nencfit to the comrnumty The proposed zone change wIll allow a Wider range of commerCial uses. The zone change wIll faCIlItate the rem\ estment mto thIS property; the applIcant \\ 111 be ImproVing a dllapIdated and vacant property 6. That adequate infrastructure/facilities arc a, ailable to serve the type of uses allO\\ed by the change of zone, or that the applican t will upgrade and provide such where they do not exist or are under capacity. All respondmg agenclcs are anle to sCr\ C the property, and the developer wIllmcur the cost and mamtenance uf ,iny Impro\ ements 7. That the change of zone will not adversely affect public health, safety or welfare by creating excessh e traffic congestion, creating drainage problems, or seriously reducing light and air to adjacent properties. Plar,nmg COmrTllSS10n \I, Z-05-14/Abraham 5 The change m zone will not affect public health, safety or welfare m the area, Traffic w]ll mcrease from ex]stmg condJt1Ons, mamly because the buildmg ]S currently vacant. The amount of traffic generated by the mtended use w]1I not overburden the roadway system. Th]s proposed development should not reduce aJr or hght to adjacent propert]es. 8. That the change of zone will not create an isolated or spot zone district unrelated to adjacent or nearby areas. Th]s change of zone will create an ]solated zone dlstnct. There are no propcrtIes m the 1IT1lTIedlate area zoned Planned Commercial Development. The property Will, ho\\ e\ er, funct10n m a slm]lar fash10n as the surroundmg commercial properties. IV. FI:\'AL DEVELOPl\IEl\'T PLA:\' The goal of the Fmal De\ elopment Plan IS to meet the standards set on the Outline De\ elopment Plan. The FDP IS a 'TIUel more slte-spectiic document which addresses bUlldmg 10cat1On, parkmg, landscapmg d]stribut1On and architecture (Exhibit 3, FDP) The development regulat10ns wntten on the ODP have been wntten to accommodate the ex]stmg bulldmg, The applicant IS not proposmg to construct a new bUlldmg, Parkmg lot Improvements and addlt10nalJandscapmg will be the only major changes to the property The ODP set the max]mum bUlldmg coverage at 50% of the Jot. Based upon a lot size of 11,900 square feet, the bUlJdmg may be a maximum size of 5,950 square feet. The eXlstmg bUlldmg IS only 1,400 square feet m size - The ODP specIfies that the bUlldmg shall hay e a 30 foot front yard setback requirement, a five foot Side yard setback reqUIrement for the eastern property Jme, a 30 foot Side yard setback for the western property lme and an 8 foot rear yard setback requirement. The ex]stmg bulldmg meets and exceeds these mll1lmUm setback standards The bUlJdmg IS currently 15 feet tall, \\ hlch docs not exceed the maA]mUm buIldll1g height of35 feet as established 011 the ODP A trash enclosure IS bemg shown on the cast Side of the bUlldmg. The ODP requires all dumpster areas to be screened trom the nght-of-\\ ay A screen wall has been pro\'lded, fuJfillmg thiS reqUIrement The applicant Wishes to use the property as a retail hquor store, an allowed use on the ODP Architecture Because the eXlstmg bulldmg Will not be reno\ ated, thiS section does not apply If any new buildmg \\ ere to be constructed. the Architectural standards would apply The eXIstmg bUlldmg IS constmcted of block The bulldll1g entrance IS located on the north elevation. An eXlstmg overhead door will be removed, Landscaping The ODP stated that the mIllJmUm reqUIred landscapmg shall be dIctated by the FlIlal Development Plan. The FDP details a total landscape area of 1,560 square feet, all to be added by the apphcant. Based upon a lot SIze of 11,900 square feet, the apphcant IS proposmg 13 1% landscapmg. TypIcally, the commerCIal zone dlstncts reqUIre a mIillmum of 20% landscape coverage Plonmng Comnusslon \\ Z.O~ -14/ Abraham 6 The applIcant has pronded 3 street trees and 25 shrubs. Because the ODP states reqUIred 1andscapmg shall be as shown on the FDP, there are no mmlInum reqUIrements to be met. It should be noted the property does not meet the mlillmUD1 reqUIrement for street trees (5) as specIfied m the Code of Laws, The pro\'1ded quantIty of shrubs (25) exceeds the reqUIrement as speCIfied m the Code of Laws. Parking The ODP :;peclfies that reqUlred parkmg shall confoTIn to the Code reqUlrcments of SectIon 2(,- 501 Req,med parkmg stalls are based upon use and square footage of usable area. A retaIl I1quor store IS reqUlred to prOVIde 1 parkmg stall for 200 square feet of usable area. The eXlstmg bUlldmg IS 1.400 square feet m SIZe, A total of 7 parkmg stalls are reqUIred, wllh one bemg a \~!l1 accessible handIcap stal!. The FDP detaIls 13 parkmg stalls and one van accessible stall All of the parkmg stalls meet the mllllmum reqUIred sIze as specJtied 111 the Code, Three parkmg stalls are located dIrectly adjacent to \\1 4-fth Avenue. The Code of Laws requIres a ten-foot landscape buffer for parkmg lots adjacent to nght-of-way The FDP does not deta1l J landscape buffer for the 3 stalls adjacent to West -f-fth Avenue, The Code (,1' La\\ s reqlllfes a nllntmum drn e Width \\ hlch could not be accommodated I r a ten foot landscape buffer were Q,'t\\een the parkmg stalls and the nght of way SImply, the parkmg lot \\oulJ not funcl1on. It sh()uhl also be noted that the dnve aIsle does not meet the mmmmm WIdth reqUIred for twO-\\ a) traffic (22 feet) A portion of the dTIye aJsle IS only 16 feet WIde ThIS reduced WIdth IS a by-product of the landscapmg to be mstalled around the eXlstmg sIgn, The appltcant WIll construct a 3 foot fence on the north SIde of the parkmg stalls adjacent to 'h West -f-f' A \'Cnue as a screen. ThIS IS .1 reqUlrement m the Code of Laws Lighting Thcre .lre no freestandmg l1ghts proposed for thiS property, as none currently eXIst The only source of hghtmg wIll be hUlldmg mounted downcast l1ghtll1g, which must confonn to SectIOn 211-503 of the Code of La\\ s -- \'. AGE'\CY REFERR-\L All respondmg agencies have mdlcated that they can ser\ e the property, and the applIcant w1I1 bear the cost of upgradll1g any ser\'1Ce to the property Because there wIll be no major sIte con:;tructlon a drall1age report was not requIred. The Public \\ orb Departmcnt IS requlflng the ClJl1,lruCl1on of a small sectIon of curb and gutter \\ here the \\ estern most curb cut IS bCll1g c loscd :'Ide\\.alks currently eXIst around the penmeter of the property n. :\EICIIBORHOOD !\lEETI1'\G The reqUired neIghborhood meetlllg \\ as held pnor to submIttal There were approxImately se\ en attendees from the neIghborhood General questions ranged from the type of de\ elopment \\ hlch Will occur to the l1eLlI for another hquor store m the neIghborhood. There \\as a diSCUSSion of the current COndll1C)J1 (;1' the huIldmg, and the presence ofgraffitJ m the neIghborhood One letter was recel\ ed ~1ficr the neIghborhood meetmg from a neIghbor who could not attend the meetmg (ExhIbit 4 "elghbor Letter) AddItIOnally, one emall was received after the meetll1g ThIS emaIl has been 111cl uded (ExhIbit 5, NeIghbor Emall). \'11. ST,\FF CO:\CLLSIO:"i & RECO:\I:\IE:\DED MOTION(S): Pbnmn? CO:TL'C'l:SSIOn \\ L-O<-14 .A,brJhom 7 Staff concludes that the rezoDlng IS compatible wIth surroundmg uses, and that the alteratIOns to the property should be an Improvement over the eXlstmg condItIons. There are two requests, and each will reqUIre a separate motIOn: request for approval of a rezoDlng and outlme development plan and request for approval of a final development plan, REZO:\TI:\G Al\'D OUTLIl\'E DEYELOPMEl'OT PLA.~ OPTIO"i A. "1 mO\ e to recommend APPROVAL of Case No WZ-05-14, a request for approval of a relOrung from Restncted CommercIal to Planned CommerCIal Development, and an OutlIne Development Plan for property located at 6690 W. 44th Avenue, for the follov,'mg reasons 1 The change m zone IS compatible WIth the eXlstmg condItIOns m the ImmedIate area, ') The change m zone WIll not adversely affect the publlc health. safety or welfare. The change m zone substantially meets the desIred attributes of the l\'elghborhood RetaIl claSSIficatIOn m the ComprehensIve Pbn. 3 With the followmg conditIOns The fo llowmg use shall be removed from the list of allowed uses on the Outlme Development Plan. Auto sen'lce, repillr and mainTenance shop (minor) The words "non-resIdentIal" shall be added to the followmg use "CliniC or office for the counsellllg and treatment of psychologIcal. soczal, mantal, developmental or smzzlar condlllons, excluding substance abuse" ') - OPTIO:\' 8, "I move to recommend DE:-.l.AL of Case No \\/Z-05-14, a request for approval of a rezonIng from Restncted CommerCIal to Planned CommerCIal Development, and an Outlme Development Plan for property located at 6690 W 44th A venue, for the follOWIng reasons FI:\TAL DEYELOPME;\'T PLAN OPTlOJ\' A "I mOve to recommend APPROVAL of Case No WZ -05-14. a request for approval of a FInal Development Plan for property located at 6690 \V 44th Avenue, for the follOWIng reasons ') ~ The Fmal Development Plan complIes WIth the development standards establIshed by the Outlme Development Plan, The Fmal Development Plan meets the techmcal reqUIrements as establIshed m ArtIcle III for Fmal Development Plans," OPTION B "1 move to recommend DENIAL of Case i'\o WZ-05-14, a request for approval ofa Final Development Plan for property located at 6690 W 44th Avenue, for the followmg reasons --- Pbnmng Cornrrussion WZ-05-14/ Abraham 8 ZI1PI1.""""""""" Zotfltf~l1tf{) PlAtftfltf~l1.ft()elt1m Consulting Si!rVices in Zoning, Subdi,'ision, Site Planning & Design, and Other Land Use Entitlement Matters GLE~ GIDLEY, AlCP - Zoning & Real Estate Consultant 8684 W WARREN DR" LAKEWOOD, CO 80227 303-763-5221 (Office) 720-962-5334 (Fax) glem!.1dleylWmsn.com (Email) TRANSMITTAL TO' City of Wheat RIdge, C ommunlt) Development Department FRO!\1 Glen Gldley, A,I.C.P RE' Rezonmg ApplicatIOn for 6690 W. 44th Ave. DA TE ~o\'emher 8. 2005 On hehalf of the apphcant and owner, Kahsay Abraham, please find attached reqUIred documents related to a rezoning request for proper!) located at 6690 W 44th Ave that Mr Abraham owns under the name of Samuel PropertIes LLC, The Signed apphcatlOn anJ fees have prevIously been submItted by the applicant. - Mr, Abraham Intends to use the propeny for a small neIghborhood hquor store However, since he has to rezone to Planned Development m order to obtam the land use nght for a I1quor store, as that use IS not a permItted use In the Restncted-Commercw1 zone as It IS currently clasSIfied. he wants to ensure that he has the future nght to several other uses of the proper!) that make sense for thIS locatIOn and on thlS proper!) should he sell the property to another user The only proposed changes to the premIses WIll be the addition of 1andscapmg per the plan, the closure of the western most curb to W 44th., stnping of the parkmg lot, a wall sign facmg W 44th that wIll conform to C 1l} reqUIrements, constructIOn of a trash screenmg gate, and utilIzatIon of the eXlstmg free standmg SIgn standard, Since there W111 be no changes to dramage. no dramage plan or topo has been proVIded. Please foreword a copy of the Mweral RIghts CertIficatIOn and we W11l complete it as reqUIred, Please foreword all questions and communications to me rather than the applicant. -- EXHIBIT 1 C Anne Cain 4320 Ob,. 5t wneat R,dg'" CO g)033-4938 ~x.1l1Bl1' 4 .... ~, Co, ,200.5 ~ 1- ibV ~p/- ~.~ o'JfO /~ (/7/1/1 I .., ,/<)b<.N .,p I~': ~ '. n~ :!v ~ ~~ ~_v- ~ L/ f!k., .:;p,,"-) '-r'~ J 17"' )a~u-l! 'rr~~ . il .J ~i') jJ.<-4~ ~ ~ /;? ~~) ~~ ./J;L~ /~ i[/t 1 /1'.J:'j ,'t'f.t. I tvV' p-' ~., ,I ~ . . ,I c-Aj!J>~ ,. I Ii-'-, /I'. d jyV ,!}"i1 f- .--'t-?-tiflA/. ~~ (!f~.~:,~~ ~ _ ,0&. ~ c:d-f ~ P/~ r~ fA'-' ~ nI~ J~. ('~ J i:; (~A ff''^'~ c~ .J.~" ' /h ~v0 JP r!! / ' ' ' , v J.fo~~ ~~~/J_~~ ~~ ~ u. ) /., 'fi!' ;J~ 31 - ~ ~.. ~;) f!. + :~.:;''1~~!' ~.' U ~. ~ 'fCd; J d~ J/"'" ~ ~ :.: .(/, 7".l rfY"O' 1d"" r!f~) d, M., P c/);7, ~ t:,...v ':r:~ yj1~~~~'- (?'F'~- 1) /,p_;W>' - II U ~,),. ~ft-' "'(j' ~A.-~v =f ~ U~ j) ~~ r:, ' ,s f' JoJP,1 J':l~L /A ~ fC-N,JG-" _' .~ J-:':-:t. ~.,o/'/ , ,~/;t~ -;l'V;J(~1yr.~, ,fIU)J~:dJ ~ ,//I_~~#. ~~~J"- . :~j) .1-- ~~ ~ ~. ,I -' d/~'~' !yCL-~ P0v~" ~~I - ~j~ir'"rr: .~ . Page 1 of 1 EXHIBIT 5 Travis Crane From: Wymoor@aol.com Sent: Tuesday, October 18, 2005 7 16 PM To: egokey@comcast.net Cc: Travis Crane Subject: neighborhood meeting 10/18/05 Coucilman Gokey, I attended the neighborhood meeting at 6'00 pm on Tuesday 10/18/05 I have a concern for the proposal to rezone the property at 6690 W 44th Ave to C-l The current proposal of a liquor store IS a questionable wav to improve the appearance of the area and decrease the crime that is taking place along that stretch of 44th. The "tagging" that has been occuring over the past two years IS likely to increase with that type of bUSiness coming into our neighborhood In addtion the rezoning that would allow for light automotive work would mean more traffic in the area. As a homeowner and member of a young family, I feel that this area would be better served if it remained zoned R-C and a business were to move into that building that would not remain open until midnight. Perhaps our neighborhood would be better served if the growth took into acount the young families In the area. look forward to your quick response Thank you. Ryan Moore 4375 Marshall St. - 1 (\ '1 n I"(\n::: ZI1PI1.""""""", ZoN/N~I1N!J PMNN/N~I1.f.f()ell1m Consuldng Services In Zoning, Subdivision, Site Planning & Design, and Other Land Use Entitlement Mll11ers GLEN GIDLEY, AlCP -Zoning & Real Estate Consultant 8684 W. WARREN DR" LAKEWOOD, CO 80227 303-763-5221 (Office) 720-962-5334 (Fax) glengidlev@msn,com(Email) TO Wheat Ridge City Council FROM: Glen Gidley, On behalf of the applicant, Kahsay Abraham RE: Case No WZ-05-14 / 6690 W. 44th Ave, DATE: February 23, 2006 I represent, as a zoning consultant, the applicant in this case, Kahsay Abraham. This is a request to rezone 6690 W, 44th Ave. from Restricted-Commercial (R-C) to Planned Commercial Development (PCD). The applicant's intended use of the property is for a small, neIghborhood oriented lIquor store. He intends to use the existing 1400 square foot building which already occupies the property. (See ODP & FDP) I won't go into all ofllie details of the proposal, as your staff has prepared a report for you that provides many of the pertinent details. However, I would like to provide some additional information regarding the reason for this request, as well as discuss the recommendatIOns of the Planning Commission. - WHY IS THIS REZONING BEFORE YOU? Pnor to Mr. Abraham purchasing the subject property in early 2005, pursuant to his attorney's recommendation, he came to the Wheat Ridge Community Development Department to see if a liquor store would be a permitted use for 6690 W, 44th Ave. A staff planner asked what was on the property at that time, and Mr, Abraham saId that it had been used as a gas station and auto repair business, however it was vacant at the time, According to Mr, Abraham, the planner said that a liquor store would be allowed on the property by the eXIsting zoning, however, he would need to obtain a liquor lIcense from the Liquor Licensing Authonty Mr Abraham applied for that license, paid all of the required fees, followed all of the reqUlred steps involved, including a hearing before the Wheat Ridge Liquor Licensing Authonty, and receIved approval of a liquor license. The lIquor license was then Issued to Mr Abraham. Mr Abraham closed on the purchase of the property, and then came into the Community Development Department to obtam a permit for a new free standing sign. At that point, another staff planner said that the SIgn was alnght, but that a liquor store was not perrrutted because the existing zoning was Restncted-Commercial, which chd not permit liquor stores. The planner said that Commercial-One or Planned Commercial Development zoning would be needed to allow for a liquor store, Since the city does not allow for rezonmg directly to C-l any more, a rezoning to PCD would be necessary, ATTACHMENT 2 PLAN1\1JNG COMMISSION FINDINGS After a public hearing before the Wheat Ridge Planning Commission on January 19, 2006, contrary to the findings and recommendations of your planning staff, Planning Comrrussion recommended denial. The specific reasons for this recommendatlOn stated III the motion of the Planning Commission were as follows: 1. It is detrimental to public health, welfare and safety. 2, It is not compatible with the Comprehensive Plan, 3 It would create spot zoning. I would like to address each of these fIndings as follows: 1 It was evident that the Planning Commission was focused upon only 1 of the 50 uses that would be penrutted within the proposed Planned Commercial Development. That specific use,"liquor store", was already found to be acceptable to the community by the Wheat Ridge Liquor Licensing Authonty, who recently approved issuance of a liquor hcense for this property. Liquor licensing is not the purview of the P1anrung Comrrussion. The Liquor Llcensmg Authonty had already found, after a public hearing on the matter, that the specific use, "liquor store", would not be detrimental to the public health, welfare and safety, Even if the Liquor Licensing Authority had not already made this findmg, there IS no evidence that any of the 50 proposed permitted uses on this site, most of which are already allowed by the eXIsting lOrung, would be detrimental to the publIc health, safety and welfare. The applicant asserts that the Planning Commission erred III tlus finding and in addition, that they exceeded their authority, as well. - 2, The adopted Comprehensive Plan deSignates the area of the subject property as Neighborhood SeIVIcing Retail. As your staff in their report mdIcated, neighborhood retail consists of "small-scale retaIl and professional services", If you look at the list of proposed penrutted uses III conjunction WIth the proposed site plans, you can only conclude that all of those uses, includIng a small lIquor store, would conform to the proVISIOns of this land use classification. The existing building is only 1400 square feet, and the Final Development Plan proVIdes that the largest building footprint, based upon maxrmurn bUIldlllg coverage, would be 5950 square feet. ThIs is indeed small compared to an Applejack store or a Home Depot store, wluch, although allowed by use, could never occupy the space because of site 1mutations, The applicant asserts that the Planning ComrrussIOn erred m this findmg. 3. In regards to spot zoning, the subject property is surrounded on 4 sides by "commercial zomng" In addJtion, It IS surrounded on 3 SIdes by commercial uses. The property to the south, while zoned R-C, IS used as a residential duplex. The concept of "spot zoning" appl1es when the proposed zoning IS significantly different from SurrOundillg zomng, such as "commercIal" ill the middle of "low density residential" type lOrung, That IS not the case ill thiS mstance. Your own staff concluded that this was not spot zornng, The applicant asserts that the Planrnng Commission erred in this finding. In regards to the suggested conditions of approval proposed by your staff, the applicant has already made those changes in the ODP & FDP, where appropriate, Additionally, concerns raised during the Planning Commission hearing regarding parking lot design have also been addressed by minor changes in the parking layout and location of landscape areas, The ODP & FDP before you includes those revisions. In conclusion, we ask that you approve the rezoning from Restricted-Commercial to Planned Commercial Development. and that you approve the Outline Development Plan and the Final Development Plan, as they are presented. Respectfully, Glen Gidley, A,I.C,P. Principal, Zoning And Planning Associates - INTRODUCED BY COl~CIL :\fE!\1BER Council Bill 1\'0. 04--2006 Ordinance 1\'0. Series of 2006 TITLE: AN ORDINA1\'CE PROVIDI1\'G FOR THE APPROVAL OF REZONING FROM RESTRICTED CO:\fMERCIAL (R-C) TO PLAN:\'ED COMMERCIAL DE\ 'ELOP:\IE:\'T (PCD) FOR PROPERTY LOCA TED AT 6690 'VEST ~~TH A VEl\L'E. CITY OF WHEA l' RIDGE, COl1\TY OF JEFFERSO.\T, ~TA TE OF COLOR~DO, BE IT ORDAI:\TED BY THE CITY COlJNCIL OF THE CITY OF \VHEA I' RIDGE. COLORADO, THAT Section 1. epon applIcatIon by Kahsay Abraham, approval of a rezonIng In Wheat RIdge, Colorado. Case:\o WZ-05-14, for property located at 6690 W 44th A venue and based on a recommendatlOn from the Wheat RIdge Planning ComrrusslOn and pursuant to the findIngs made based on testImony and eVIdence presented at a publIc heanng before the Wheat RIdge CIty Ce,uncIl, Wheat RIdge maps are hereby amended to exclude from the Restncted CommercIal Dlstnct and to Include In the Planned CommercIal Development zone dlstnct the follOWIng descnbed land. - NORTH 100 FEET OF LOT 1, LI01\EL SUBDIVISION, COUNTY OF JEFFERSON, STATE OF COLORADO Section 2. \' eS1. d Prorcrtv RI S'hts Approval of thIS rezonIng does not create a vested property nght. \ ested property fights may only anse and accrue pursuant to the proVISIons of Secllon 26-121 of the Cude of Lavvs of the CIty of \Vheat RIdge Section 3, Safety C13use. The City Council hereby finds, deterrmnes, and declares that thIS ordInance I, promulgated under the general polIce po\\' cr of the CIty of Wheat RIdge thJt It IS promulgated for the health safety, and welfare of the publIc and that thIS ordInance IS necessJry for the preservallon of health and safety and for the protectIon of publIc convenience and \\elfare The CIty CouncIl further deten11lnes that the ordInance bears a ratIonal re13110n to the proper leglslallve object sought to be attaIned, Section 4. SeverabIlltv. If any clause, sentence, paragraph, or part of thIS Zoning Code or the applIcal10n thereof to any person or cIrcumstances shall for any reason be adjusted by a court of competent Junsdlcl10n mvalId, such Judgment shall not affect applIcal10n to other persons or cIrcumstances. 'Iection 5. Surer<;es<;lon Clause, If any prO\'lSlOn, reqUIrement or standard establIshed by thIS Ordm~mce IS found to conflIct WIth SImIlar prOVISIons, requIrements or standards found else\\' here In the Code of Laws of the CIty of Wheat RIdge, \\' hlch are In ATTACHMENT 3 n.Jstence as of the date of adoptIon of thIs Ordmanee, the prO\'1SlOnS, requlfcments and sumdards hereIn shall supersede and pre\ all. Section 6, TIllS Ordmanee shall take effect 15 dJYs after fmal publ1catlOn I~TRODlJeED, READ, A~D ADOPTED on first readIng by a \otc of _to _ on thIS 13th day of February, 2006, ordered publIshed In full In a newspaper of general clrculatlOn In the ellY of Wheat RIdge and PublIc Heanng and conSIderatIon on final passage set for !\1arch 13th :006 at 7 00 o'clock p,m., In the CouncIl Chamber' 7500 West 29th AvenCle. Wheat RIdge, Colorado READ, ADOPTED AND ORDERED PUBLISHED on second and flr:JI readIng by a vote of _ to _, thIS 13th day of March, 2006 SIG;\ED by the \la:or on thIS _ day ut ,2006 JERRY DITLLLlO, MA YOR ATTEST Pamela Y Anderson, CIty Clerk ,\PPRo\'ED AS TO FOR\1 BY CITY - A TTOR~EY CiER .;.LD DAHL. CITY :\ TTOR;,\1:Y 1 st PublIcatIon 2nd PublIcatIon \\'heat RIdge Transcnpt EffectIve Date e \planmng'Jorms\Ord trm ITEM NO 3 I ~\ ~HE~;." .:- . (I,':'\O~ ,- \'", \G \~I ~I REQUEST FOR CITY COUNCIL ACTION I~. ~ [f. ,1~.Jl ~--- C01JNCIL MEETING DATE March 13, 2006 TITLE: COU:\CIL BILL NO. 05-2006: AN ORDINANCE Al\lENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAI:\'ING TO REFERENCES TO THE STREETS CAPE AND ARCHITECTURAL DESIG~ MANUAL o Pl.."BLIC HEARING o BlDS'?\10TIOKS o RESOUjTIONS o ORDINANCES FOR 1ST READING (Date Feb 27,2006) ~ ORDINANCES FOR 2ND READING QuasI-JudIcIal 0 Yes com~"&"tm o No ~ ~d CltyM er ~ - EXE(TTI\'E Sl':\J:\lAR\ : In Februar;. of 2UG 1, the CIty of Wheat RIdge adopted the Streetscape and ArchItectural DeSIgn ~Ianual as a regulatIOn and supplement to the Zonmg and Development code. SectIOn 2 o of the manual relates speCIfically to archItectural standards m the Clty of Wheat RIdge whIch pert am to requIrements regardmg fac;:ade deSIgn, screemng of mechamcal eqUlpment and acceptable archllectural matenals These archllectural standards are reqUIred to be met for the development of any property wlthm the ArchItectural Oesl!-,'11 Overlay Olstnct \\ hlch IS defined as all propertIes WIth NC, RC, C-l C-2, I and PO zonmg, The mdlVldual zone dlstnct development standards m Chapter 26 do not reference the reqUlred streetscape and archllectura] standards. The proposed ordmance adds a reference to the Streetscape and Archllectural Manualm each of the affected zomng dlstnct development standards. Plannmg CommISSIon reVIewed the proposed ordmance at a publIc heanng held on December 1, 2005 A recommendatIOn of approval was gIven The proposed ordmance asslsts m achlevmg the Council's goal of bemg prepared for growth by provldmg clearly defined development standards and gUlde1mes, COMMISSIO]';!BOARD RECOMMENDATION: Plannmg CommlsslOn revIewed thIs case at pubhc heanng held on December I, 2005 A recommendatlOn of approval was made for the followmg reasons 1 The Clly of Wheat RIdge has adopted leglslatlOn pertalnmg to the development standards for the commercIal zone dlstncts; 2 The CIty of Wheat RIdge has adopted legIslatlOn pertamlng to streetscape and archltectural deSIgn gUJdehnes, 3 There are no cross references between the two dIfferent sets of standards. WIth the follOWing condlllOn, That the follOWing language be added behind reference to archItectural and streetscape standards as follows, "as may be amended" There \vas no testImony from the audIence gIven regarding thIS code amendment. Planning CommlsslOn's recommended modIficatIOns have been Incorporated mto the proposed ordinance. - STA TE\IE:\T OF THE ISSl'ES: Staff IS tryIng to Impro've customer sernce by proVIdIng cross-references hetween the zonIng and development code zone dlstnct standards and the Streetscape and Archllectural DeSIgn !\fanual. There are no outstandIng Issues, ALTERt'\TATlVES CONSIDERED: Do not modlf:: the regulatlOns Fl:\'A:\CIAL BIPACT: There IS no tlnanClallmpact to the City If these code changes are approved, RECOMMENDED MOTION: Opl1on A, "I move to approve CouncIl BIll No 05-2006, Case No ZOA-05-04, an ordInance amending Chapter 26 of the Wheat RIdge Code of Laws pertaInIng to references to the Streetscape and ArchItectural DeSIgn Manual for the follOWIng reasons 2 1 The City ofV/heat RIdge has adopted 1egls1atlOn pertaInIng to the development standards for the commerCIal zone dlstncts; 2 The CIty of\\'heat RIdge has adopted 1egls1atlOn pertaInIng to streetscape and architectural desIgn gUIdelInes, 3 There are no cross references between the two dIfferent sets of standards" Or, OptlOn B. "I mo\ e to table mdefimtely CouncIl Bill No 05-2006, Case No 20A-05-04 an ordInance amendmg Chapter 26 of the Vv'heat RIdge Code of Laws pertammg to references to the Streetscape and ArchItectural Deslgn Manual for the followmg reasons 1 ') , " .) Report Prepared by' MeredIth Reckert, 303-235-2848 Renewed by' Alan \\'hne Attachments, I December 1, 2005 Plannmg CommIssIon memo ') CouncIl BIlI)'\o 05-2006 -- Request for ell\. Council .\cllun-repor1 form 3 City of Wheat RIdge Commumty Development Department Memorandum -'-~' 'NH[4>ojl/ ~ . 0 - I '. C1 (u' '~'I \;JV TO: ,j:1annIng Comrmsslon FROM: i" Meredith Reckert SUBJECT: Case No. ZOA-05-04/Cross references DA TE: November 22. :2005 Attached IS staffs recommended language to allow for cross-references between the commercial zone dlStnCt regulatIOns and the Streetscape and Architectural Deslgn gUIdelines In February of 2001, the Clly of Wheat Rldge adopted the Streetscape and Architectural DeSIgn Manual as a reguiatlOn ~nd supplement to the Zomng and Development code SectIon 2 0 of the manual relates speCifically to architectural standards In the Oty of Wheat Rldge \\ hlch pertain to reqUIrements regarding faitade deSign. screening of mechanIcal eqUIpment and acceptable architectural matenals. These architectural standards are reqUIred to be met for the development of any property WithIn the Architectural DeSign Overlay Dlstnct whlch IS defined as all propertIes With NC, RC C-l C-2, I and PD zomng - The Indl\'ldual zone dlstnct development standards In Chapter 26 do not reference the reqUIred streetscape and archItectural standards The proposed ordInance adds a reference to the Streetscape and Architectural Manual In each of the affected zoning dlstnct development standards Sl:GGESTED :\lOTIO:\: "I move that Case)\;o ZOA-05-0.f. proposed amendments to vanous sectIons of Chapter 26 of the Wheat Ridge Code of Laws referenCIng the Streetscape and Architectural Deslgn Manual, be forv. arded to City CouncIl with a recomrnendatIon of APPROVAL for the follOWing reasons ..., The CIty of Wheat RIdge has JdlJpted legislatIon pertaIning to the development standards for the commerCIJ! zone dlstncts, The CIty of Wheat Ridge has adopted legislatIOn pertaImng to streetscape and archltectural deSign gUIdelInes, There are no cross references between the two different sets of standards." 3 ATTACHl\IENT 1 INTRODUCED BY COUNCIL MEMBER Council Bill No. 05-2006 Ordinance No. Series of 2006 TITLE: AN ORDINA.l\'CE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO REFERENCES TO THE STREETS CAPE AND ARCHITECTURAL DESIGN MANUAL "lIEREAS, the CIty of\Vheat R1dge has adopted ]eglslatlOn pertalll111g to the development standards for the commercIa] zone dlstncts; WHEREAS, the CIty of \Vheat R1dge has adopted ]eglslatlOn pertallllllg to streetscape and archltectura] deSIgn gUldehnes, \VHEREAS, there are no cross references between the two dIfferent sets of standards, BE IT ORDAINED BY THE CITY COUl'i'CIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: - Section 1. SectIOn 26-2]6 NeIghborhood Commerc1al Dlstnct (NC) of the Wheat RIdge Code of Laws IS hereby amended as follows A Intent and purpose ThIS dlstnct IS estabhshed to proVIde for a reasonably compatIble transItIon bet\'. een resIdentIal and more llltensn:e commercIal land uses It provIdes for reSIdentIal scale, nelghborhood-onented professIOnal offices and servIces whIch, by theIr nature and through desl!:,.'11 I1mllatlon, wlll promote neIghborhood stablllly and protect nelghborhood values and character The dlstnct also provIdes hmlted nelghborhood-onented retall uses b: special use approval ThIS dlstnct was formerly titled the "RestncteJ CommercIa] One \RC -1) Dlstnct," IS hereby renamed, and the tItle of saId dlstnct IS hereby changed on the offiCIal zonlllg map B Development standards 12. Streets cape and Architectural Design Guidelines: See Streetscape and Architectural Design :\Ianual, as may be amended from time to time. A TT ACHMENT 2 Section 2. SectIon 26-217 Restncted CommercIal Dlstnct (RC) of the Wheat RIdge Code of Laws IS hereby amended as follows A, Intent and purpose. ThIS dlstnct IS estabhshed to accommodate vanous types of office uses perfonmng admmlstratlve, professIOnal and personal servIces, and to pronde for a hmlted range ofretaJl uses which are neIghborhood onented. It IS the mtent that general retaIl uses that serve the commumty or regIOn, wholesahng, warehousmg, mdustnal, and uses whIch reqUIre outsIde storage or dIsplay be prohibited, smce these uses are mcompatib1e with other uses m thIS dlstnct. B Development standards 12. Streets cape and Architectural Design Guidelines: See Streetscape and Architectural Design Manual, as ma) be amended from time to time. Section 3. SectIOn 26-218 Comrnerclal-One Dlstnct (C-1) of the Wheat Ridge Code of Laws IS hereby amended as f01l0\vs A. Intent and purpose, ThiS dlstnct IS estabhshed to provIde for areas wIth a WIde range of commerCIal land uses \\ hlch Include office, general busmess, and retaIl sales and serVIce establIshments, ThIS dlstnct IS supported by the commumty and or entire region, - B Development standards 12. Streetscape and Architectural Design Guidelines: See Streetscape and Architectural Design Manual. as ma) be amended from time to time. Section 4, SectIon 26-219 CommercJal- Two Dlstnct (C -2) of the 'hneat RIdge Code of Laws IS hereby amended as follows A. Intent and purpose. ThiS dlstnct IS establIshed to prm/lde for areas With a Wide range of commerCIal land uses \\ hIch mclude office, general busmess, more mtenslve retaIl sales, wholesale busmesses, and lIght manufactunng. ThIS dIstnct generally depends on the entIre regIOn for the market area, B Development standards 2 12. Streetscape and Architectural Design Guidelines: See Streetscape and Architectural Design Manual, as may be amended from time to time. Section 5. SectIOn 26-220 LIght Industnal Dlstnct (1) of the \Vbeat fudge Code of Laws IS hereby amended as follows A, Intent and purpose. The mtent of thiS dlstnct IS to permIt the use of prevIOUS lndustnal (I)-zoned property for commercial and lIght mdustnal uses. Rezonmg to lndustnal (I) Zone Dlstnct classIfication shall not be permitted, however, eXlstmg Industnal (I)-zoned property may be developed and used m accordance WIth pro\ISIOnS set forth herem, B Development standards - 12. Streets cape and Architectural Design Guidelines: See Streetscape and Architectural Design Manual, as ma) be amended from time to time. Section 6. Safety Clause, The City of Wheat RIdge hereby finds. determmes. and declares that thiS ordmance IS promulgated under the general polIce PO\\ er of the CIty of Wheat Ridge, that It IS promulgated for the health. safety, and \\elfare of the publIc and that thIS ordmance IS necessary for the preservatIOn of health and safety and for the protectIOn of public convel11ence and \\ elfare The CIty CouncIl further determlI1es that the ordmance bears a ratIonal relatIon to the proper legIslatIve oblect sought to be attamed Section 7. SeverabIlIty If any clause sentence. paragraph, or part of thiS Zonmg code or the applIcatIon thereof to any person or CIrcumstances shall for any reason be adJ usted by a court of competent Junsdlctlon mvalld, such Judbment shall not affect applIcatIon to other persons or cIrcumstances. Section 8. SupersessIon Clause. If any prO\'ISlon. reqUlrements or standard establIshed by thIS Ordmance IS found to conflIct With SimIlar prOVISIOns, reqUlrements or standards found else"" here m the Code of Laws of the CIty of Wheat RIdge, whIch are m eXIstence as of the date of adoptIon of thIS Ordmance, the proVISIons, reqUlrements and standards here shall supersede and prevaIl 3 Section 9. Effectl\'e Date. Tills ordinance shall take effect 15 days after final publIcatIOn, Il\'TRODUCED, READ, AND ADOPTED on first reading by a vote of to In tlus day of . 2006. ordered publ1shed In full In a newspaper of general cIrculatIOn In the CIty of Wheat Ridge and PublIc Heanng and consIderatIOn on final passage set for ,2006, at 700 o'clock p,m" m the CouncIl Chambers, 7500 West 29th Avenue, Wheat RIdge, Colorado READ, ADOPTED AND ORDERED PUBLISHED on second and final readmg by a vote of to , thIS day of ,2006 SIG"JED by the Mayor on thIS day of ,2006 JERR I' DITULLIO, MAYOR ATTEST Pamela '1 Anderson, CIty Clerk - APPRo\'ED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY ST 1 publlcallon no :: publicatIOn Wheat RIdge Transcnpt Effecllve Date 4 ~~ ~/ ITEM NO l+-. REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE. March 13, 2006 TITLE: RESOLUTION 09-2006: A RESOLUTION APPROVING THE SERVICE PLAN FOR LONGS PEAK METROPOLITAN DISTRICT [8J PUBLIC HEARING o BIDS/MOTIONS [8J RESOLUTIONS o ORDINANCES FOR 1ST READING o ORDINANCES FOR 2ND READING QuasI-Judicial. o Yes ~ No ,~ " ~0~r-Q City M er 'J EXECUTIVE SUMMARY: - On December 20, 2004, the city approved an Annexatlon and Development Agreement for property located west of Interstate 70, south of State Highway 58, north of West 32nd A venue and east of Eldndge Street among Cabela's Retail Inc and Coors Brewing Company, The Property IS expected to be used for busIness and commercIal purposes, IncludIng an approximately 200,000 squarc foot Cabcla's retail store MetropolItan dlstncts In Colorado have become a common tool for financmg the publIc Infrastructure portion of large development proJects. All special dlstncts In Colorado organized under Title 32 of the Colorado Revised Statutes (C R.S ) are reqUired to file a service plan WIth the city counCil of thc mUniCIpalIty In which the dlstnct IS proposed, Seter & Vander Wall, P c., rcpresentIng the owners of this property, filed the Longs Peak MetropolItan Dlstnct Service Plan With the City on February 21, 2006 The purpose of the Dlstnct IS to proVide public Infrastructure Improvements withIn and Without the Property The Dlstnct Will acquire and/or deSign, finance, construct and Install publIc Improvements for the use and benefit of the citizens of Wheat Ridge, the Dlstnct's taxpayers and owners of the Property. and the public at large, accomplishIng these purposes through the Issuance and repayment of sales tax and public Improvement fee bonds, The proposed Service Plan descnbes and sets forth those powers and authorities the Dlstnct shall have as allowed by Colorado law The exercise of such powers, however, will at all tlmes be governcd by and subJcct to thc terms of the City lGA, State law allows local governments to exert Significant control over the organizatIOn and operatIOn of speCial districts, The service plan approval process IS the key to exerCising that control COMMISSIONfBOARD RECOMMENDATION: None STATEMENT OF THE ISSUES: There are mInImum requirements for the types of Information that a servIce plan must contam as detaIled In Section 32-1-202(2) of the C R,S These are A descnptlon of the proposed servIces, .., A financIal plan shOWIng how the proposed services are to be financed, 3 A prelImmary engIneenng or archItectural survey shOWIng how the proposed services arc to be provided. 4 A map of the proposed specIal dlstnct boundanes and an estimate of the populatIon and valuatIOn for assessment of the proposcd speCIal dlstnct, S A gcncral descnptlOn of the facIlities to be constructed and the standards of such construction. 6 A general descnptlOn of the estimated cost of acquIrIng land, engIneenng scrVlCCS, legal serVIces, admInistrative serVIce, InIlial proposed Indebtedness and estlmatcd proposcd maximum mterest rates and dIscounts, and other major expenses rclated to the organILatlOn and mltlal operatIOn of the dIstnct; and 7 A descnptlon of any arrangement or proposed agreement WIth any polItIcal subdIVISIon for the performance of any servIces between the proposed speCIal dlstnct and such othcr polItIcal subdIVISion, ALTERNATIVES CONSIDERED: - Sectlon 32-1-203 of the C R,S gIves the followmg authonty to the governmg body of the mUnIcIpalIty m refercnce to thc reVIew of any sen Ice plan. .., Approve the scn'lce plan WIthout condItIOn or modificatIOn, Disapprove the servIce plan, or ConditIOnally approve the service plan subJcct to submISSIOn of addItIOnal mformatlOn rclatmg to or the modIficatIOn of the proposed scrVlce plan. 3 Staff has rccommcnded and the Dlstnct proponcnts have agreed to Incorporate certam changes and modtficatlOns mto the ServIce Plan as filed Those changes and amcndments are largely clcncal and sty IIsl1c In nature and do not change or amcnd an) baSIC or fundamental proVISIon of the Service Plan as filcd. The Dlstnct proponents filcd a rCVlsed vcrs !On ofthc Service Plan contamIng all of the recommended changes and reVIsIOns WIth the City Clerk on March 9, 2006. and the) request that thc Scrvlce Plan be reVIewed and consldercd b) CIty CouncIl In that form. The speCific changes and modificatIOns are as follows. a, In the second paragraph of subscctlOn IV,A., change the reference to "Exhibit I of the CIty IGA" to "ExhIbit 5 of the CIty IGA." b Change the second paragraph of subsectIOn IV B to read in Its enl1rety as follows. "Some facilities may be furnished by other entitles and financed by the Dlstnct. Water system components withIn Director Dlstnct No 2 will be Installed. owned and ooerated by North Table MountaIn Water and SanitatIOn Dlstnct. Water system components withIn the remaInder of the Dlstnct wIll be paid for by the Dlstnct and Installed by Consolidated Mutual Water Company in accordance with Its standards, speCificatIOns and reqUIrements. and th~ +fie water system improvements will contmue to be owned. ooerated and maIntamed by Consolidated Mutual Water Company" c Change paragraph 1 of subsectIOn IV C to read in Its entirety as follows. "Planned Improvements Include design, gradmg, constructIOn and/or acquIsItion of a publIc street and roadway system and associated faCilities and amemtles. The street and publIc roadway Improvements are lIsted on Exhibit I to the City IGA an<:i PublIc streets Ilnd roadways WlthlR the DistrIct Will be treated separatel)' from those outside the Dlstnct's boundanes, - PublIc streets, roadways and traffic safety Improvements to be acqUired, constructed or Installed by the Dlstnct wlthm its boundaries are depicted on Exhibit D-2A. Pursuant to the City IGA and as further descnbed In the AnnexatIOn Agreement. the Dlstnct will dedicate Cabela Dnve and the 40th A venue ExtenSIOn to the City for operatIOn and mamtenance, An) other publIc street and roadway Improvements WithIn the DistrIct's boundanes will be owned and mamtaIned by the DistrICt. All public street Improvements shall be subject to the operatlOnal control and Junsdlctlon of the City as publIc streets and shall be fully avaIlable and acceSSible to all members of the publIc. subject to the ordmances and regulatIOns of the CIty applIcable generally to SimIlar faCilities throughout ItS corporate lImits even If the) are owned and maIntaIned by the Dlstnct. Upon dIssolutIOn of the DiStrIct, thc City will acccpt the conveyance of all streets and publIc roadways. PubliC streets, roadways and traffic safety Improvements to be acqUired, constructed or Installed by thc DistrIct outSide Its boundanes are also depicted on Exhibit D 2.\. Turn lanes, traffic ramps, overpasses and underpasses croSSIng or connectIng to Colorado State Highway No 58 and U S Interstate 70 and all Improvements located In hlghwa) rIght-of-way will be dedicated or conveyed to the Colorado Departmcnt of Transportation, the City or the County as proVided In ExhibIt i-+ to thc CIt) IGA," d, In paragraphs I and 2 of subscctlOn V B.. change the term "Shared Sales Tax Revenue Bonds" to "Sales Tax Bonds." e, In paragraph 2 of subsection VB, change the term "Public Improvement Fee Revenue Bonds" to "PublIc Improvement Fee Bonds" I' Change paragraph 4 of subsection V E to read In its entirety as follows "The estimated cost of en!.!meenng and leQal services and acauinnQ land the dollar amount of any antiCipated financmg. Including capitalIzed Interest. costs of Issuance, estImated maximum rates and discounts, and any other expcnses related to the organization and Imtla1 operatIOn of the Dlstnct." g, In paragraph 7 of subsection XIII, add the folloWIng sentence at the end, "This lImitatIOn does not apply to any Bonds," h. Move the Tab for Exhibit 0 to the page Immediately precedIng the tab for Exhibit 0-1 1. Delete Exhibit D2-C J Revisc Exhibit D-5 to sho\\' the locatIOn of publIc meetIng spaces, k. Amend the City IGA, beIng also Exhibit G-I to the Service Plan, In the followmg particulars. (I) In the first sentence of the definitIOn of "PublIc Roadway Improvements" m ~2, change the phrase "under the headmg 'PublIc Roadways'" to read "under the headmg 'List of Sales Tax Improvements. '" (ll) In the last sentence of 96 9. change the phrase "m excess of 32.000.000 MillIon Dollars" to read "m excess of ThIrty Two MillIon Dollars ($32,000,000)" (ill) In the last sentence of 97.5, change the phrase "m excess of 50,000.000 MillIon Dollars" to read "m excess of Fifty MillIon Dollars ($50,000,000) .. (IV) Add the tItle "Exhlblt 6" to the Sales Tax and PublIc 1mprovemcnt Fee Comparative AnalYSIS Immediately followmg Exhibit 5 -- FINANCIAL IMPACT: The City did not reqUire a submittal fee for thiS service plan. Costs aSSOCiated with thiS service plan mclude staff. consultant and attorney time to re\'lc\\' the submitted documents, RECOMMENDED MOTIONS: "I move to approve ResolutIOn 09-2006 - A Rcsolullon Approvmg the Service Plan for Longs Peak MetropolItan Dlstnct. or. "I move to table mdefimtely 09-2006 - A ResolutIOn Approvmg the Service Plan for Longs Peak MetropolItan Dlstnct for the followmg reason(sl_ Rcport Prepared by' Report ReViewed by' Patnck Goff. Deputy Clt) Managcr Randy Young. City Manager Charlcs Kucchcnmclslcr. City Attorney Attachments, \, ResolutIOn 09-2006 .., Longs Peak MetropolItan Dlstnct Service Plan as Submitted February 27, 2006 and Modified March 9, 2006 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 09 Series of 2006 TITLE: A RESOLUTION APPROVING THE SERVICE PLAN FOR LONGS PEAK METROPOLITAN DISTRICT. WHEREAS, pursuant to SectlOns 32-1-204.5 and 32-1-205, C.R.S.. as amended, a ServIce Plan for the proposed Longs Peak MetropolItan Dlstnct was filed wIth the CIty of Wheat RIdge by the ovmers of 100% of the property proposed to be included WIthIn the saId dIstrict. and WHEREAS, on or about March 9, 2006 the said property owners filed a reVIsed ServIce Plan (the "ServIce Plan") contaInIng certaIn changes and modIficatIons as recommended and supported by the CIty Staff, whIch changes and amendments are largely clerical and stylIstiC In nature and do not change or amend any baslC or fundamental provlslOn of the ServIce Plan as filed on February 21,2006, and WHEREAS, the CIty CouncIl held a publIc hearIng on the ServIce Plan on March 13, 2006, and - WHEREAS. notIce of the hearing before the CIty CouncIl was duly publIshed In the DCf1\'i:r POS! on February 2 L 2006 and was sent to the governIng body of each mUI1lclpalIty and speCial dIstriCt WIthIn a radIUS of three mIles of the proposed speCIal dIstriCt's boundanes that ha\ e le\'led an aJ valorem tax WIthIn the next precedlIlg tax year; and WHEREAS. the City CouncIl has conSidered the Service Plan, and all testImony and other e\'ldence presented at the hearIng, and l\OW, THEREFORE, BE IT RESOLVED by the CIty CouncIl of the CIty of Wheat RIdge. Colorado, as follows 1 The above and foregolIlg reCItals are Incorporated hereIn by reference and are adopted as findlIlgs and determlIlatIons of the CIty CouncIl ') The CIty CouncIl further finds and determlIles that all applIcable requIrements of part 2, artIcle I, title 32, Colorado ReVised Statutes, relatlIlg to the filIng of the ServIce Plan and the conslderatlOn thereof by the CIty CouncIl, ha\ e been met. 3 Based upon eVidence presented In the Service Plan and at the hearIng, the City Council hereby determines as follows a, Adequate servIce IS not, and wIll not, be aVaIlable to the area to be served by the proposed speCial distrIct through the CIty or other eXIstIng speCIal faCIlity dIStrICtS wlthlIl a reasonable tIme and on a comparable basIS. ATTACHMENT 1 b The facility and servIce standards of the proposed special dlstnct are compatl b1e with the facility and service standards of the CIty c There IS sufficient eXlstmg and projected need for organized se!,\'lce m the area to be se!'\'ed by the proposed special dlstnct. d EXlstmg se!'\'lce in Ihe area to be served by the proposed special dlstnct IS madequate for present and projected needs. e The proposed speCial dlstnct IS capable of provldmg economical and suffiCient se!'\'lce to the areas \vlthm ItS proposed border f The areas to be mcluded wlthm the proposed speCial diStriCt have or WIll have the financial abIlIty to discharge the proposed mdebtedness on a reasonable baSIS. g The proposal IS m substantIal complIance With any duly adopted master plans h. The proposal IS m complIance WIth any duly adopted county, regIOnal or state long range water qualIty management plan for the area. The creatIOn of the proposed Dlstnct wIll be m the best interest of the area proposed to be served, - The park and recreatIon facIlIties and Improvements to be furnished by the proposed speCIal dlstnct do not duplicate or mterfere With Improvements or facIlities already constructed or planned to be constructed wlthm the proposed speCial dlstnct b) the Prospect RecreatIon and Park Dlstnct. 4 Subject to the pronslOns of Section 5 below. the City CouncIl does hereby appro\'e the Se!'\'ICe Plan for the Longs Peak MetropolItan Dlstnct as submitted to the CIty on Februar) 21,2006, WIth the changes and modIficatIOns submitted on or about March Q, 2006 5 Notwlthstandmg the pro\'ISlons of SectIOn 4 above, the faIlure of the proposed speCial dlstnct to execute and delIver the Cll) IGA attached to the Service Plan as Exhibit G-l \\llhm 45 days after the said dlstnct IS declared orgamzed by the Dlstnct Court m and for Jefferson County, Colorado shall be a material modificatIOn of or departure from the Service Plan. and the said dlstnct takmg any substantIve action prior to the executIOn and delIvery of SaId agreement ma) be enJomed by the City as proVided by ~32-1-207(3 )(a), C.R.S The Mayor and CIty Clerk are hereby authonzed to execute and delIver the SaId City IGA on behalf of the CIty, upon the execution and delIvery thereof by the proposed speCial district. 6 A certified COP) of thiS ResolutIOn shall be filed m the records of the City and submItted to the petItIOners for the purpose of filIng m the Dlstnct Court of Jefferson County -2- 7 All resolutions or parts thereof In conflIct with the provIsions hereof shall be and the same are hereby repealed. Done thIS _ day of March, 2006, at Wheat fudge, Colorado CITY COUNCIL OF THE CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO B) Jerry DiTullIo, Mayor ATTEST Pam Anderson, CIt} Clerk - ~ -.)- ITEM NO S I REQUEST FOR CITY COUNCIL ACTION ~w COUNCIL =V1EETING DATE March 13,2006 TITLE: COUNCIL BILL 07-2006, AN ORDIXAi~CE Al\1E~lHNG SECTION 26-109 OF THE WHEAT RIDGE CODE OF LAWS CONCERl\'ING PUBLIC HEARING NOTICE AND PROCEDURES (CASE NO. ZOA 05-03) o PUBLIC HEARING o BIDS'-~10TIOl'\S o RESOLUTIONS ~ ORDIN~'t\!CES FOR 1 ST READING (Date March 13, 2006) o ORDD:ANCES FOR 2?--i'D READ1'\JG - QuasI-JudIcIal 0 ~ Yes No ~^' !Ij~ Commumty Development DIrector ~~~cD Crty ~lana ,r EXEceTlVE SU:\E\lARY: Planmng CommIssIOn requested that staff look at the City's public heanng notIce reqUIrements compared to other cItIes. The changes m the proposed ordmanee are those Counell dIrected staff to make at a study seSSlOn on February 6, 2006 The changes requested by CouncIl are Increase the sIze of the posted notIce SlhTIl to 22" x 28" Increase the area for malled notIces from 100 feet to 300 feet from the subject property 3 Decrease the notlcmg penod from 15 days to 10 days 4 Requlfe that publ1c notIce SIgnS be remO\ cd from the subject property wlthm 72 hours followmg the conclusIOn of the public heanng, Include the mmor c1anficatlOns proposed by staff .., 5 Pbnmng CommIssIon conSIdered an ordmance on thIs subject on January 5, 2006 and recommended a larger slt,TIl and longer notlcmg penod, Other recommendatlOns were requested to be mcluded by Cauncll - The proposed ordInance relates to Council's goal of creatIng a strong partnershIp between the City and communIty by provldmg mcreaSIng the communIty's awareness of upcomIng land use case heanngs, COMMISSIOl"/BOARD RECOM1\1ENDA TION: PlannIng CommIssIOn recommended changIng the CIty's publIc notIce reqUIrements In the follOWIng ways 1 Increase the dIstance for notIfYIng affected landowners from 100 feet to 300 feet. 2 Increase the sIze of the posted SIgn from 18" x 24" to 36" x 48" 3 ChangIng the notIce penod from 15 days to 21 days. 4 Include a tIme penod (72 hours) for removal of SIgnS after the publIc heanng IS conducted. ST A TEl\IE~T OF THE ISSUES: Changes to the notIcIng reqUIrements can affect the cost and length of tIme to process a land use applIcatIOn, The proposed ordInance as dIrected by CounCIl from the study sessIOn will have the follOWIng Impacts The mcreased notIficatIon dIstance will mcrease the number of m311Ings to prepare and staff tIme to prepare those mallmgs, The mcreased nwnber ofmallmgs WIll Increase the cost of postage for all land use applIcatIOns. - ') The larger SIgn wIll be slIghtly more expensIve to have pnnted. 3 These Increased costs wIll be passed on to applIcants. By ordmance, the costs of publIc heanng notIces are to be reImbursed to the CIty PublIc notIce fees WIll need to mcrease a mInImum ofS85 00 to cover mcreased costs ThIS applIes to all land use applIcatIOns, even relatIvely mmor ones like vanances. On larger projects we wIll recover actual costs, 4 The decreased notIce penod wIll not ImmedIately shorten the notlcmg penod for PlannIng CommIssIOn heanngs because of the pnntmg schedule of the Transcnpt. On land use cases requmng first and second readmgs, the I a-day penod wIll enable us to schedule the two readmgs two weeks apart mstead of the current four weeks, savmg the applIcant two weeks. AL TER"IA TIVES CONSIDERED: ReqUIre larger SIgnS, 2 ReqUIre a longer notlcmg penod, 3 Do not make changes to the current requIrements. FINANCIAL I:\lPACT: There WIll be mcreased postage, pnntmg and personnel costs mcurred by the CIty resultmg from the \\Sf'i-cl-eng-002\usersS\awhl~e'Al1 Fdes'.zomr.g amendments' l\otlcmg Requlrements\ \ st Readmg CAF .doc adoptlOll of thIs ordmance, It IS estImated that these Increases WIll total $75 00 for an "average" land use applIcatIon, The costs of publIc notIcIng are reImbursed by land use applIcants, ApplIcatIOn fees WIll be Increased to cover these costs, RECO.'\II\IEi'DED MOTION: "I move to approve CouncIl BIll 07-2006 on first readIng, order It published, publIc hearIng set for Monday, March 27, 2006 at 7'00 p,m. in City Council Chambers, and that It take effect 15 days after final publIcatIOn" Or, "I move to table IndefinItely CouncIl BIll 07 - 2006 Report Prepared bY' Alan Wlute, Community Development DIrector Renewed by- - Attachments: I CouncIl Study SessIOn Memo dated January 31,2006 2 Table of Other JunsdlctJOn ReqUirements 3 CounCil BIll 07-2006 \"Sf'oi-t1-eng-002',usersS\awhlte'All Fdl::5'zonmg amendments',Notlcmg ReqUIrements' 1 St Read\ng CAF .doc City of Wheat Ridge Community Development Department Memorandum I~~.!" .~:" '. ,::, "'\:--'\ (u ~~ ~ o~Y[;/J TO: Mayor and Clly Council FROM: Alan \\111te, Commumty Development Dnector SUBJECT: PublIc NotIce Requirements DATE: January 31,2006 Planmng CormmssIOn requested that stafflook at our public heanng notice reqll1rements compared to other cIlles. A memorandum to Planmng CommissIOn, a chart summanzlng the companson. and a proposed ordinance are attached, Planning CommissIOn recommended changing our public nOllce reqll1rements m the followmg ways -, Increase the dIstance for notIfy1ng affected landowners from 100 feet to 300 feet. Increase the SIze of the posted Sign from 18" x 24" to 36" x 48" Changmg the nOl1ce penod from 15 days to 21 days Include a l1me penod (72 hours) for removal of SignS after the public heanng IS conducted, 3 4 - There are also a fe\\ mmor clanficatlOns proposed by staff. Impacts The proposed changes wlll Impact staff and applIcants m the follOWIng ways Increased staff time and postage cost. The letter notices are prepared and malled by staff AddlllOnal staff time to prepare mallmg lIsts and maIlmgs for the reqUired letters. There IS an addlllOnal cost assOCIated WIth thIS Increased staff tIme The additIOnal cost IS dIfficult to quanuf: because a brger project generates a larger maIling. There really Isn't an "average maIlmg" ln addlllOn, the cost of cenlfied maIlIng postage has Increased. 2 Increased cost of larger sign. The Clly prOVIdes the SIgnS that are, In turn, posted by the applIcant. The larger SIgns will cost an addltlonal 57 00 to pnnt. There IS also the very real challenge of findmg a place to store the larger SignS Applicants wIll have a more dIfficult l1me postmg the larger Sign. 3 Costs passed on to applicants. By ordinance, the costs ofpubhc heanng notices are to be reImbursed to the CIty PublIc notIce fees will need to Increase a minImum of585 00 to co\er mcreaseJ costs, ThIS applIcs to alllanJ use applIcatIOns, even relatIvely mmor ones lIke vanances On larger projects we recover actual costs .:\ Increased project re\ ie" delays. The addItIOn a] notice penod Will result In at le3st a cumulative two week delay m processmg applicatIOns. There wIll be approximately one A TT~L\CHl\;IENT 1 month bet\\ een the time the notice IS sent to the newspaper and when the notice appears In the paper A CounCl1 heanng on February 2th would have to be to the newspaper by January 3151 and published on February 2nd to meet the 21 day reqUIrement. ThIs IS the OpposIte of busIness fnendly Staff Recommendations ") Increase the notlficatlOn area to 300 feet. Increase the SIgn SIze to 22" x 28" (or no more than 24" x 36"). Do not Increase the notice penod from 15 to 21 days Include the 72 hour removal reqUIrement. Include staff clanficatlOns ~ .) 4 5 Attachments ") Planmng ComrmsslOn Memorandum Companson Chart Draft ordInance With staff recommendatIOns. 3 - PUBLIC NOTICE REQUIREMENTS I Jurisdiction Notice to # of Days Sign Size Landowners I i Arvada 400' 12\'1 24" x 36" I I Aurora AbuttinQ land 10 24" x 24" , I I Broomfield 500' 10 22" x 28" , , , Centennial Adjacent land , 14 3' x 4' I , ' \~I (~) " " , - I Commerce City ! Denver : En lewood I Golden I Jefferson County , Lafayette ! Lakewood I Littleton I Lone Tree i Louisville North lenn Thornton Westminster Wheat Ridge 300 Not required 500' 300'\- 500' 750' 500' Not re uired 200' 500' 500' 600' 300' 100' 10 21 10 12 14 10 15 10 15 15 15 10 12H 15 Notes I 24 x 36 I Prescribed b 22" x 28" I 24" x 36" I 24" x 30" I Not specified I 24" x 36" 3' x 4' .3' x 4' ! Not s ecified in code I 20" x 26" i 24" x 42" ! 30 s f I 18" x 24" I , -----.J (1) 15 days for sign (2) Technically not reqUIred by code (3) Planning commission only; not required for city council (4) Four days required for city council ATTACHMENT 2 INTRODUCED BY COUNCIL MEMBER Council Bill No. 07-2006 Ordinance No. Series of 2006 TITLE: A..'\' ORDINA..J\TCE AME!\iHNG SECTION 26-109 OF THE WHEAT RIDGE CODE OF LA WS CONCERt'\'ING PUBLIC HEARING l\'OTICE Al\'D PROCEDURES. BE IT ORDA1:\'ED BY THE CITY COlJNCIL OF THE CITY OF \VHEAT RIDGE, COLORADO, THAT Section 1. SectIOn 26-109 of the Code of Laws IS hereby amended as follows Sec. 26-109. Public hearing notice and procedure. A. Prc-applzcatlOn neighborhood meeting Pnor to submIttmg any applIcatIOn for u rezomn; of property to u hl;her use than IS currently permItted, for approval which requires a neighborhood meeting under the provisions of Section 26-106, Review process chart, of u planned development, or for u specIill use permIt, an applIcant shall be reqUIred to do the followmg: - ApplIcant shall, by regular mall or by pamphlet or flyer personally delIvered, notlf) all reSIdents wlthm SIX hundred (600) feet of the area subject to the land use application proposed to be rezoned or for whIch il use pem11l ilS speclfied ilbove t5 sought, of a meetmg to be held, at a tIme and place selected by apphcant but reasonably calculated to be com ement both to applIcant and those reSIdents notIfied, for the purpose of allowmg the apphcant to present to saId reSIdents the nature, character and extent of the actlon requested by applIcant, and further to allow the reSIdents to gl\ e mput to the applIcant regardmg saId proposal ~ The mtent of thIS proposalls to gl\ e adequate opportumty for both applicants and reSIdents to gIve and recel\ e mput regardmg proposed projects pnor to their formal submISSIOn so that the projects are carefully deSIgned and conceIved to be compatible WIth surroundmg neIghborhoods. It IS not the mtent of the city counell to reqUIre formal agreements between applIcants and reSidents pnor to submISSIOn of applIcatIOns, nor IS any applIcant to be demed the nght to proceed to any reqUIred or permItted heanngs regardmg such apphcatlOn because no agreement IS reached. Rather, the cn councll b) thIS subsectIOn IS encouragmg reasonable, honest, good faIth commumcatlon between reSIdents and apphcants, and VIce versa. 3 );0 applIcatIon shall be accepted by the Cll) 's staff untIl applIcant has certified by affidaVit that he has complIed WIth the proVISIons oftlus subsectIOn A. B JVcwspapcr publzcallon At least ten (10) fifteen (15) days pnor to any pubhc heanng for a speclfic sIte or dC\elopment \\hlCh reqUIres approval by the plannmg commiSSIOn, A.TTACHIVJENT 3 board of adjustment or cIty councIl, the dIrector of commumty development shall cause to be publIshed, ill the legal sectIon of a newspaper of general CIrculatIOn WIthm the CIty, a notIce of publIc heanng. The notIce shall specIfy the kmd of actIOn requested, the heanng authonty; the lIme, date and locatIOn ofheanng; and the locatIOn of the parcel under consIderatIOn by both address and legal descnptlOn, NotwIthstandmg the abo\ e, any actIOn whIch reqUIres approval by passage of an ordmance by cIty councIl shall be subject to the regular ordmance approval process, wluch mcludes a first readmg of the ordmance by cIty councIl at a regular meetmg where no testImony IS allowed. Then, If passed upon first readmg, council establIshes the tIme and date of the publlc heanng and the cIty clerk shall cause the proposed ordmance to be publIshed m a fonn and manner as described above C Posred norice, At least ten (10) fifteen (15) days pnor to any publIc heanng for a speCIfic sIte development wluch reqUIres approval by the planmng commISSIon, board of adjustment or cIty councIl, the dIrector of commumty development shall cause to be prepared, and the applicant shall post, a SIgn (one (1) per street frontage) upon the parcel under conSIderatIon for approval whIch proVIdes notIce of the kmd of actIOn requested, the heanng authonty; the tIme, date and locatIOn of heanng; and the locatIon of the parcel under consIderatIOn by betfl address or approximate address. and legal descnptlOn, The SIgn shall be posted wlthm the property boundanes, shall be affixed to a flat surface, shall measure twenty-two (22) inches in height by twenty-eight (28) inches in width, shall be elevated a mlmmum of thIrty (30) 1l1ches from the ground (however, not more than SIX (6) feet above ground), shall be VIsible from the street WIthout any obstructIOns, shall be legible and dIsplayed for fifteen (15) days pnor to the publIc heanng The sign shall be maintained in good condition by the applicant throughout the ten (10) day posting period. The sign shall be removed within 72 hours from the date the public bearing is concluded. The fact that a parcel was not cont1l1uously posted the full ten (10) fifteen (15) days may not, at the dIscretIon of the heanng authonty, constItute grounds for contmuance where the applIcant can show that a good faIth effort to meet thIS post1l1g reqUIrement was made - D Letter nOlIce At least ten (10) fifteen ( 15) days pnor to any publIc heanng whIch reqUIres notIficatIon by letter, the dIrector of commumty development shall cause to be sent. by certIfied maIl, a letter to adJacent property owners wlthm one hundred (100) tbree hundred (300) feet of the property under conSIderatIon and to owners of property mcluded wlthm the area under conSIderatIon The letters shall speCIfy the kmd of actIOn requested, the heanng authonty: the tlme, date and locatIon ofheanng; and the locatIOn of the parcel under consIderatIOn bv address or approxImate address, FaIlure of a property owner to receIve a mailed notIce wIll not necessItate the delay of a heanng by the hearing authority plu.nnm::; commISSIon or CIty councIl and shall not be regarded as constltutmg madequate notIce Section 2, Safetv Clause, The CIty Council hereby finds, detennmes, and declares that thIS ordmance IS promulgated under the general polIce power of the CIty of Wheat RIdge, that It IS promulgated for the health, safety. and welfare of the pubhc and that thIS ordmance IS necessary for the preservatIon of health and safety and for the protectIOn of pubhc -- convemence and welfare The Clty Councl1 further determmes that the ordmance bears a ratlOnal relatlOn to the proper 1egJS!atlve object sought to be attamed. Section 3, Severabl1ltv; Confllctmg Ordmances Repealed. If any sectlOn, subsectIOn or clause of thIS ordmance shall be deemed to be unconstitutIOnal or otherwlse mval1d, the vahdlty of the remammg sectlon, subsectIOns and clauses shall not be affected thereby All other ordmances or parts of ordmances m conflIct wIth the provlSJOnS of thIS ordmance are hereby repealed, Section 4. EffectJve Date. ThIS ordmance shall take effect 15 days after final publ1catlOn, I~TRODeCED, READ, AND ADOPTED on first readmg by a vote of to on thIS _ day of ,2006, ordered pubhshed m full m a ne\\ spaper of genera! CIrculatIOn m the CIty of \\'beat Ridge and Public Heanng and consIderatIOn on final passage set for ,2006, at 7'00 0 'clock pm., m the CouncIl Chambers, 7500 \Vest 29th A venue, Vv'11eat Ridge, Colorado READ, ADOPTED AND ORDERED Pl'BLISHED on second and final readmg by a \' ote of to , thIS day of , 2006 - SIG:\ED by the Mayor on this day of ,2006. Jerry DITullio, Mayor ATTEST Pamela Y Anderson .\PPRO\,ED AS TO FORo\1 BY CITY A TTOIU\EY Gerald Dahl. elty Attorney 1" PublicatIon :2"" PublicatlOn. \Vheat RIdge Transcnpt Effect!ve Date ITEM NO CO I REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE March 13, 2006 TITLE: COUNCIL BILL 08-2006, ~ ORDINAt~CE Al\IE~rnING SECTION 26-707 A 1 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO NOl\'CONFORMING SIGl\'S (CASE NO. ZOA 05-06) o PLTBLIC HEARING o BIDSIMOTIONS o RESOLUTIONS [8J ORDINANCES FOR 1ST READING (Date Mar.ch 13,2006) o ORDINANCES FOR 21\1D RE.WING QuasI-JudIcIal 0 [8J Yes No !I~0 ~ Commumty Development DIrector ~ G u-.,j Y Clly Man b S - EXEClTIVE SE\I:\IARY: In December 2005 CIty Councll dIrected staff to prepare an ordmance amendmg SectIOn 26-707 A of the Code of laws dealIng wIth non-conforrmng SIgnS, specIfically to clanfy ho\\ terms used m the sectIOn apply to non-conformmg SIgnS The mtent IS to not reqUIre SIgnS to be brought mto conformance wIth other sectIOns of the SIgn code I fthe only change IS the replacement of a cabmet on top of an eXlstmg structure The proposed ordmance was not recommended for approval by PlannIng CommIssIOn at a pubhc hearrng on January 5, 2006 The proposed ordInance affects Councd's strategIc goals of developIng 1-70 as a major commercIal comdor and redevelopmg the Wheat RIdge CIty Center smce slgnage IS an mtegra1 part of de\'elopment m these subareas of the CIty As wIth any amendment to development regulatIOns, the ordmance also prepares the CIty for growth and opportumtles. CO\I:\JISSIO:\'/BOARD RECO\I\IE:\'DA no:\': Plaruung CommIsSIOn recommended the proposed code change not be adopted, STATEME:\TT OF THE ISSUES: P1anmng CorrumsslOn was concerned that the proposed ordinance would perpetuate the eXIstence of nonconformmg SIgnS; that old nonconformmg pole SIgnS would contmue to dommate the CIty's streetscapes. It was felt that the SIgn code should be exarmned m ItS entIrety and not m a pIecemeal fashIOn. The SIgn code should be looked at m relatIon to the ComprehensIve Plan, N'RS, Streetscape Manual, and the StrategIc Plan. ThIs code change WIll apply to all nonconformmg SIgnS throughout the CIty and ItS Impact wIll not be Isolated to one sectIOn of the CIty Pole SIgnS tend to clutter the VIsual envIronment and detract from any streetscape or landscape Improvements, unlike monument SIgnS, Street trees, reqUIred by the Streetscape Manual. can block the VIsibIlIty of pole SIgnS once the trees reach a mature heIght. Allowmg the contmued use of pole slgnage WIll tend to perpetuate the cluttered envIronments we see on many of the CIt; . s streets, The hardest thmg to deal wIth m a communIty that IS mostly bUIlt-out IS effectmg changes that WIll be good m the long run, but whIch create some hardshIp m the mtenm. One part of a comprehenSIve program to Improve the Image of the CIty's streets (a goal m the NRS) would be to requIre that all SIgnS be converted to monument sIgns, The current code only encourages thIS, AL TER"-'A TIVES CONSIDERED: - -, ProVIde addItIOnal mcentlves to convert pole SIgnS to monwnent SIgnS. (Currently the code allows a waIver ofpenmt fees to bnng a nonconfonmng SIgn mto conformance) Reduce the reqUIred setback for SIgnS, thereb; elImmatmg m many cases the creatIOn of the nonconformIty Do not appro\e the ordmance. ~ .) FI~ANCIAL I!\tPACT: The code change WIll not have a finanClallmpact on the CIty RECO!\t:\tE~DED !\tOTION: "I move to approve CouncIl BIll 08-2006 on first readIng, order It pubhshed, pubhc heanng set for Monday, March 27,2006 at 7'00 p.m In CIty CouncIl Chambers, and that It take effect 15 days after final publIcatIOn," Or, "I move to table IndefinItely Councll Blll 08-2006 \\srv-cl-eng-002\usersS\3whlte\A11 Flles,zonmg amendments'Slgn Code\Nonconfonmng Slgs CAF 1st.doc Report Prepared by' Alan Wlute, CommuDlty Development DIrector RevIewed bY' Attachments: 1 Plannmg CommIssIon memo .., CounCIl Bdl 08-2006 - Sf\- -C\-e!lg~OO'2 ,u~ers$"'awh1te' >\11 FlIe~,..zon:ng a:T1er:dr.1ents .sIgn Code '\,onconlormlng SlgS CAF t st doc City of Wheat Ridge Community Development Department Memorandum ~,"hf~._ ~-<> '_~~".O 1- ' , ,.-..\ !:..J r-: '~/ C ~ O( C' "'0~ TO: PlannIng ConUTIlSSlOn FR01\l: Alan Willte, Commumty Development DIrector Sl;BJECT: ZOA 05-06, Change to NonconformIng SIgnS ProvIsIon DATE: December 30, 2005 CouncIl dIrected staff to prepare an ordmance whIch would clanfy SectIOn 26-707 A I of the ZOl1lng and Development Code, speCifically to clanfy what the terms rebUIldIng and reconstructIon mean with regard to nonconformmg SIgnS. The Intent of CouncIl's dIrectIOn IS to allo\\ ne\\ Slio'11 cabmets to be mstalled on eXlstmg support structures (usually poles) without meetmg heIght and setback standards Currently the code provIsIon reads as follows. "RebUlldmg, enlargement, relocatIOn, extenSIOn, replacement, or reconstructIOn of a nonconformIng SIgn IS not permItted unless such SI~'11IS brought Into conformance wIth thIS artlcle" ThIS prOVISIon has been m the Zonmg and De\ elopment Code for decades The proVIsIOn has consIstently been Interpreted to Include the placement of a new SIgn cabmet on top of an eXlstmg structure as eIther "rebUIldIng" or "reconstructIOn," - Current Regulations The code changes In 200 I reqUIred setbacks for freestandIng SIgnS of a certam heIght as follows Setback from adjacent propertIes Ten (10) feet where adjacent to reSIdentIal-zoned propertIes, no setback m all other cases wIth other than reSIdentIal (mcludIng PRD) zonIng \Vhere a SIgn eXIsts on an adjacent property and that SIgn IS wlthm twenty (20) feet of the proposed locatIOn of a ncv\ SIgn on the adjacent property, an offset, either vertIcal or honzontal, shall be reqUIred such that the eXIstIng SIgn IS not VIsually blocked by the ne\\ s I t-'11 ') From street nght-of-way FIve (5) feet for signs under seven (7) feet hIgh, ten (10) feet for SIgnS seven (7) to t\\enty-fi\e (25) feet high, and thmy (30) feet for SIgnS over twenty-five (25) ieet rugh. \laxlmum heIght of a free-standIng sIgn IS fifteen (15) feet, prOVIded that SIgnS for retaIl and servIce bUSInesses wIthm one-quarter (1,4) mIle of an Interstate hIghway, that are onented to the mterstate hlgh\\ ay, are permItted one (1) freestandmg sIgn up to fifty (50) feet hIgh, Any other permItted freestandIng Slio'11 shall not exceed fifteen (15) feet. :Vlost of the nonconformltles today are a result of SIgnS not meetIng the new setbacks reqUIred by the height oi the SIgn. A TT ACHMENT 1 Proposed Code Changes The changes to subsectIOn 1 are Intended to clanfv what can be done to nonconformIng sums, '" ...... ..... SlgnS bemg replaced or relocated (meanmg new support structure and new Sign cabinet) should be reqUired to meet the proVISions of the new code, The new requuements should apply to \\ hat IS essentially a ne\\ Sign. The legality ofthe nonconformity shouldn't carryover to the ne\\ Slgn Enlargement or expanSIOn would be allowed as long as the nonconformity \\ as not Increased, For example, on a Sign wlth a nonconfonmng setback, a larger SIgn could be put on an eXIstIng support structure as long as the setback wasn't reduced. (Setback lS measured from the leading or strectslde edge of the SIgn,) The terms rebUIldIng and reconstructmg would not Include placmg a new SIgn cabInet on top of an eXlstmg support structure Ifboth the support structure and Sign cab1l1et were beIng replaccd, the Sign would be conSIdered a replacement Sign, which would have to conform to the nc\\ pronslOns Planmng CommiSSIon reVIewed the nonconformIng Sign proVISIons whde rCVlewIng the Slh'11 code re-wnte brought forward by staff Your concern was more dIrected at how to treat SignS that were damaged Your recommendatIOn was to a1\ow nonconformIng signs to be rebudt unless damaged b) more than .500'0 by any means or If a busmess Increases m size by 2000 An addltlOn:ll recommendation was to Include an amortizatIOn penod of five years for all nonconforn1mg SignS Attached are mInutes from the heanngs at \\hlch you dealt with nonconformIng SIgnS Issues The hardest thIng to deal with In a commumty that IS mostly bUIlt-out IS effectIng changes that wdl be good In the long run. but whIch create some hardship In the Intenm. One part of a comprehenSive program to Improve the lmage of the CIty's streets (a goal In the ]\RS) IS to reqUIre that all SignS be converted to monument SignS (The current code only encourages thIS) - Pole SignS tend to clutter the VIsual ennronment and detract from any streetscape or landscape Improvements. unlIke monument SIgnS If an)1hIng, the eXIstmg code Isn't strong enough In requmng pole SignS to be converted A1\owmg the use of pole slgnage tends to perpetuate the cluttered ennronments \\e see on many of the CIt) 's streets A11 alternatIve IS to reduce the setback requIrements Suggested :\totions "I move to recommend approval of the ordInance amendIng subparagraph I of the nonconformmg prOVISIons of the SIi,.'11 Code as presented b) staff" Or, I f you make changes "I move to recommend approval of the ordInance an1endIng subparagraph I of the nonconformmg prOVISIOns of the SIgn Code WIth the follOWing changes ,., " Il\TRODUCED BY COUNCIL MEMBER Council Bill No. 08-2006 Ordinance ~o. Series of 2006 TITLE: At'\! ORDINAt'\'CE A:\IEl\'DING SECTION 26-707 A 1 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO NONCONFORMING SIGl\'S BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT Section 1. SectlOn 26-707 A 1 of the Zomng and Development Code IS hereby amended as follows /\, Sonconforming signs The lawful use of a SIgn eXIsting at the effectIve date of the ordinance from whIch thIS artIcle IS denved may be continued, although such use does not conform to the prOVIsIons of thIs artIcle, subject to the follOWing prOVISIOns - 1 Rebulldlng, enlar;cment, RelocatIOn, e~:tenslOn, or replacement ef reconstructIOn of a nonconforming SIgn IS not permItted unless such SIgn IS brought Into conformance WIth thIS artIcle Enlargement or extension of a nonconforming sign is permitted so long as the nonconformity is not increased. Rebuilding or reconstructing a nonconforming sign is permitted onl) if the rebuilding or reconstruction is limited to installing a new sign cabinet on an existing support structure. Installing a new sign cabinet together with a nen support structure shall constitute replacement of the nonconforming sign and shall require conformance with this article. Section 2, Safety Clause, The Clt\ Councll hereby finds, determines, and declares that thIS ordInance IS promulgated under the general polIce power of the CIty of Wheat RIdge, that It IS promulgated for the health, safety, and welfare of the publIc and that thIS ordInance IS necessar\ for the preser. atIon of health and safety and for the protectIon of publ1c convenIence and \\ elfare The CIty Councll further determInes that the ordinance bears a ratIOnal relatIon to the proper legIslatIve object sought to be attained, Section 3, Severabllltv: ConfllctInl! OrdInances Repealed. If any sectIOn, subsectIon or clause of thIs ordInance shall be deemed to be unconstitutIOnal or otherwIse 1m alld, the valIdity of the remaIning sectIon, subsectIons and clauses shall not be affected thereby All other ordInances or parts of ordInances In conflIct WIth the prO\.ISlOns of thIS ordInance are hereby repealed Section 4. EffectIve Date, ThiS ordInance shall take effect...l2. days after final publIcatIOn, A TT ACHMENT 2 M~ 'A~ ' ~.o/~ (~ ," - '" U ~ , ' , , , c' 0 ' ~ ITEM NO' ~ REQUEST FOR CITY COUNCIL ACTION ~$~ , I n~ ~II COUNCIL MEETING DATE March 13,2006 TITLE: RESOLUTION 10-2006 - A RESOLUTION TO AMEND THE PRESIDING MllNICIPAL JUDGE SERVICES AGREEMENT D PUBLIC I fEARING D BIDS/MOTIONS 5J RESOLUTIONS D ORDINANCES FOR I ST READING (Date D ORDINANCES FOR 2ND READING QuasI-JudIcIal D Yes [gJ No ~ --, City Attorney EXEC'llTIVE SUMMARY - The current Presiding MUnICipal Judge has asked for the opportUnIty to partIcipate In the CIty'S health and dental Insurance programs. The attached Amendment to the Judge's agreement permIts thIS, WIth the Clly paYing the premIUm cost for a 20 hour per week employee COMMIS~IO"l/BOARD RECOMME"IDATION: None STATE'lENT OF THE ISSllES: The MUnICipal Court Judge IS engaged by the Councll for a term of two (2) years. The present contract expires In August 2006 The Judge IS an Independent contractor and IS not entItled to employee health benefits unless Councll agrees ALTERNATIVES CONSIDERED: Do not amend the current contract for mUnIcipal court Judge FINANCIAL IMPACT: The City currently offers two medical plans and one dental plan and contnbutes a prorated amount to the premIUms based on the employees average hours worked per week, The finanCial Impact to the City WIll depend on the Insurance plan chosen by the Presiding Municipal Judge, The followmg table represents the premIUm levels and contnbutiOn amounts for a 20 hour/week. employee (Bi-Weeklv) Employee Emplovee + 1 Familv T owl Medical Premiums PacIfiCare $189 46 $365 65 $511,541 I KaIser $13668 $287 15 $41494 i Citl"s Contribution PacifiCare $85.26 $146.26 $204.62 I Kaiser $61.50 $114.86 $165.97 I Employee's Cost PacifiC are $104,20 $219,39 $306 92 KaIser $75 19 $172,29 $248 97 Total Dental PremIUm Met Life $15 63 NA I $46 73 I Citv's Contribution $7.03 NA $/1.68 Employee's Cost $860 NA ! $35 04 As an example, If the Presldmg MUnIcipal Judge chooses PaclfiCare for medical coverage for Employee i- 1 the bI-week1y cost to the City would be $146.26 or $3,802,76 annually Dental coverage for Family would cost the city $11 68 bl-weekly or $303 68 annually for a total annual cost of $4,1 06 44 RECOMMENDED MOTION: - "I moye to approve ResolutIon 10-2006 - A ResolutIOn to Amend the PreSidIng MUnIcipal Judge Sel'\o'lces Agreement." or. "I move to deny approval of ResolutIOn 10-2006 - A ResolutIon to Amend the PreSidIng MUnIcipal Judge Service Agreement for the follOWIng reason( s) Report Prepared by' Reviewed by Gerald Dahl. City Attorney 303-493-6670 Patnck Goff. Deputy City Manager Attachments: Memorandum from Judge Randall ') ResolutIOn 10-2006 ACCOMPLISHMENTS and IMPROVEMENTS WHEAT RIDGE MUNICIPAL COURT CHRISTOPHER D. RANDALL - Developed, with the Clerk of Court's assistance, the Court Marshal's program. Draft and Implement the Court Marshal's polIcy manual. SeparatIOn of the court's files and the prosecutor's files (due to appearance of ImproprIety) EstablIshed wntten gUldellnes for vISIting (substitute) Judges. Develop a lIst of treatment agencies and classes. ChecklIst to adVise defendants who Wish to proceed pro se ReVIsed (Increased) bond schedule. ReVIsed (Increased) traffic fine schedule Devclop. With the ASSistant City Attorney's aSSistance, an expedited plea agreement process In traffic cases. Developed questIOnnaire for evaluation of Judges. Improve handling of WrIts from prIsoners Developed. distrIbuted. and tabulated questIOnnaire for evaluatIOn of the Clerk of Court. Continuous court procedure Improvement. Improve the method for handling transported prIsoners. Increase the sentencing for serIOUS repeat offenders. Increase sentencing for VICIOUS dog cascs and repeat ammal offenders ~crutlnlze and carefully conSider zoning and code cases. ImprO\ e and update older court forms Drafted ne\\ court forms. Eliminated mght court and transferred docket to day court to Improve staffing and coverage ReVIse the method for the prosecutor to respond to paperwork from defendants. ReVised Jury verdict forms and JUry instructIons Interviewed and hired replacement staff probation officer. .JudiCIal assistants. marshals Developed ne\\ procedures and sentencing optIons to handle zomng and code VIOlatIOns. ASSisted staff With sound and recording system replacement. ASSisted staff With replaCing the court room podium Begin work on replaCing old smallliles summonses With full size files and summonses. ImprO\e probatIOn department. Support and work towards the acceptance of credit cards for tines, fees, and cost payments. Support and work towards a Video system to he able to view prIsoners at the Jefferson County Jail DeVised method to Increase the effiCiency of the processing of court orders Attend local and other profeSSIOnal meetings to Improve Wheat Ridge mumclpal court. Begin utIlizatIOn of Chapter 15 abatemcnt procedures Improved superVISIOn of probatIoners by Increased training for ProbatIon Officer Develop data base for probation office to keep statistics on probatIOners. Purchase on-line legal research capabIlIty Implement Juror feedback questIOnnaire ATTACHMENT 1 Support real time entry of court date to Improve efficiency. CompIle Juvemle statistics. Attend meetings, provide input, and review strategic plans, goals, and gUldlng prInCIples for City Comptled appeal process instructIOnal packet. Departmental Job study for HR. Purchase and Implement digital recording system. Quarterly meetmgs with staff 03/07/2006 - CITY OF WHEAT RIDGE RESOLUTION 10 Series 2006 FIRST AMENDMENT TO PRESIDING MUNICIPAL JUDGE SERVICES AGREEMENT THIS FIRST AMENDMENT TO PRESIDING MUNICIPAL JUDGE SERVICES AGREEMENT (this "Amendment") is entered into as of the 13th day of March 2006, by and between the CITY OF WHEAT RIDGE, COLORADO (the "City") and CHRISTOPHER D. RANDALL, ("Presiding Judge"), together referred to herein as the "Parties." WHEREAS, the Parties entered into that certain Presiding Municipal Judge Services Agreement dated August 23, 2004 (the August 23, 2004 Agreement), whereby the City contracted with the Presiding Judge for municipal judge services, and WHEREAS, the Parties wish to amend the August 23, 2004 Agreement to permit fhe Presiding Judge to participate in the City's health and dental insurance programs NOW THEREFORE, in consideration of the mutual promise and covenants contained herem, the Parties agree to amend the August 23, 2004 Agreement as follows Amend Article 4 to read: ARTICLE 4 - INDEPENDENT CONTRACTOR. INSURANCE - A. This Agreement is one for Independent contractor services Neither Presiding Judge, nor any employee or agent of PreSiding Judge, shall be considered an employee of the City for purposes of any federal or state law Notwithstanding the fact that Presiding Judge is compensated as an independent contractor, pursuant to the Colorado Governmental Immunity Act, SS 24-10-101 et seq , C R.S , he is conSidered an appointed official of the City entitled to any and all benefits of law pertaining to JudiCial or sovereign immunity and to coverage by the City's insurance applicable to persons holding such a position FOR CLAIMS BROUGHT AGAINST HIM IN HIS OFFICIAL CAPACITY OR ARISING OUT OF HIS PERFORMANCE OF HIS OFFICIAL DUTIES AS DESCRIBED HEREIN B. PRESIDING JUDGE SHALL BE ELIGIBLE TO PARTICIPATE IN THE HEALTH AND DENTAL INSURANCE PROGRAMS AVAILABLE TO CITY EMPLOYEES, AT THE RATE LEVEL APPLICABLE TO THE NUMBER OF HOURS OF WORK PERFORMED BY THE PRESIDING JUDGE ON AN AVERAGE WEEKLY BASIS THE CITY AGREES TO PAY THE APPLICABLE PREMIUM FOR THAT RATE LEVEL, CONSISTENT WITH THE CITY INSURANCE PLAN AS AMENDED FROM TIME TO TIME C. Presiding Judge warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for him, to solicit or secure this Agreement. and that he has not paid or agreed to pay any company or person, other than bona fide employees working solely for PreSiding Judge, any commission, percentage, brokerage fee, gifts, or any other consideratIOn, contingent upon or resulting from the appointment or making of this Agreement. For breach or Violation of this warranty, the City will have the right to annul this Agreement without liability, or in its discretion to deduct from the Agreement price or ATTACHMENT 2 consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee IN WITNESS WHEREOF. the Parties have executed this Agreement in two (2) copies, each of which shall be deemed an original. as of the day and year first written above ATTEST CITY OF WHEAT RIDGE, COLORADO Pamela Anderson, City Clerk By' Jerry DiTullio, Mayor (Seal) APPROVED AS TO FORM Gerald E. Dahl, City Attorney PRESIDING JUDGE - Christopher D Randall -2- City of Wheat Ridge In this space there is a large scale map that could not be scanned at this time. Please see the City of Wheat Ridge Clerks office if you would like to see the map. Thank YOU. CITY OF WHEAT RIDGE PUBLIC BEARING ROSTER AGENDA ITI"M NO.2. PUBLIC BEARING BEFORE THE WHEAT RIDGE CITY COUBCIL COUNCIL BILL NO. 04-2006 CASE NO. WZ-OS-14 TITLE: COUNCIL BILL 04-2006 - AN ORDINANCE PROVIDING FOR A REQUEST FOR REZONING FROM RESTRICTED COMMERCIAL (R-C) TO PLANNED COMMERCIAL DEVELOPMENT (PCD) FOR PROPERTY LOCATED AT 6690 W 44TH AVENUE. (Case No WZ-05-14) (Kasay Abraham) YOUR NAME AND ADDRESS , ~ s;. ......... CHECK IN FAVOR OPPOSED / IF YOU HEED MORE ROOM PLEASE SIGN ON BACK OF PAGE I CITY OF WHEAT RIDGE \ PUBLIC BEARING ROSTER AGENDA ITEM NO. ~ , PUBLIC BEAlUII1G BEFORE THE WHEAT RIDGE CITY COUNCIL CASE NO. TITLE: COUNCIL BILL NO. RESOLUTION 09-2006 - APPROVING THE SERVICE PLAN FOR LONGS PEAK METROPOLITAN DISTRICT. YOUR NAME AND ADDRESS lrl.... oA.<hL/11DEJ4SLE ~t' !?O<iO~ w ~6.c~ n,'J<if(. CHECK IN FAVOR OPPOSED IF YOU NEED MORE ROOM PLEASE SIGN 0111 BACK OF PAGE I I move to add a discussion with neighborhood representatives concerning 44th Ave. west of Yarrow to the April 1 ih 2006 City Council Study Session.